TERMS AND CONDITIONS OF USE
Effective date: August, 2011
Thank you for visiting our website (“Site”), which is owned by Princess Cruise Lines, Ltd. doing business as Princess Lodges(“PRINCESS”) You should not access this Site or use our services until you have carefully read and agreed to these terms and conditions of use (the “Terms”).
USE OF THIS SITE
By using this Site, you and other users of the Site agree to these Terms. If you do not agree to these Terms, you may not access or use the Site. We may modify the Terms from time to time without notice to you. You should check these Terms periodically for modifications. The provisions contained herein supersede all previous notices or statements regarding our Terms with respect to this Site. We include the effective date of our Terms at the top of the statement. We encourage you to check our Site frequently to see the current Terms in effect and any changes that may have been made to them. If we make material changes to the Terms we will post the revised Terms and the revised effective date on this Site. By using the Site following any modifications to the Terms, you agree to be bound by such modifications.
PRINCESS provides you with access to and use of the Site subject to your compliance with the Terms. No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except for as specifically allowed in the Site.
User age and access: By submitting information through this Site you represent that you are a United States of America resident over the age of 18.
License: The Site, including all of its contents, such as text, images, and the HTML used to generate the pages, (“Materials”), are our property or that of our suppliers or licensors and are protected by patent, trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials from this Site in whole or in part, for any public or commercial purpose without the specific written permission of Princess. We grant you a personal, non-exclusive, non-transferable license to access our web site and to use the information and services contained here.
By sending e-mail, information or material to us or posting questions, comments, and suggestions in our e-mail area or electronic bulletin board, you grant us a non-exclusive, royalty-free license to use any content you post on the Site for any purpose including the right to use, copy, distribute and otherwise exploit in any way, the entire contents of your transmission in any fashion we see fit. You warrant to us that any such material does not infringe any laws or the rights of any person(s) under copyright, trade secret, trademark, defamation or any other laws. We reserve the right, in our sole discretion, to edit or delete any transmissions or postings, for-any reason or-no reason.
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 (“Content”), 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 Princess. 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. Princess specifically prohibits any use of the Site, and requires all users to agree not to use the Site, for any of the following:
- Posting any information which is incomplete, false, inaccurate or not your own;
- Impersonating another person;
- 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;
- 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;
- Posting material that reveals trade secrets, unless you own them or have the permission of the owner;
- Posting material that infringes on any other intellectual property, privacy or publicity right of another;
- 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;
- Attempting to interfere in any way with the Site’s or Princess 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. Princess 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:
- Accessing data not intended for such user or logging into a server or account which user is not authorized to access;
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
- 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
- Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
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.
As between you and Princess, (or other company whose marks appear on the Site), PRINCESS (or the respective company) is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the Site, and is the copyright owner or licensee of the Content and/or information on the Site, unless otherwise indicated.
Except as otherwise provided herein, use of the Site does not grant you a license to any Content, features or materials you may access on the Site and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Content, features or materials, in whole or in part. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Content or screens for any purpose except as otherwise provided by PRINCESS. If you make use of the Site, other that as provided herein, in doing so you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trademarks, registered trademarks, service marks, other copyrightable material or any other intellectual property by including them on the Site.
The information on the Site including, without limitation, all site design, text, graphics, interfaces, and the selection and arrangements is protected by law including copyright law.
Product names, logos, designs, titles, words or phrases may be protected under law as the trademarks, service mark or trade names of PRINCESS or other entities. Such trademarks, service marks and trade names, including those listed below, may be registered in the United States and internationally.
The Princess logos and service names are trademarks of Princess (the “Princess Marks”). Without Princess prior permission, you agree not to display or use Princess Marks in any manner. Nothing on the Site should be construed to grant any license or right to use any Princess Mark without the prior written consent of Princess.
Trademarks and Service Marks: Adventures Ashore, Big Ship Choice, Small Ship Feel, Caribbean Princess, Copper River Princess Wilderness Lodge, Coral Princess, Crown Princess, C.R.U.I.S.E. Courtesy Respect Unfailing in Service Excellence, Cruise Personalizer, Cruise Plus, Dawn Princess, Denali Princess Wilderness Lodge, Diamond Princess, Direct to the Wilderness, Emerald Princess, Escape Completely, Fairbanks Princess Riverside Lodge, Golden Princess, Grand Adventure, Grand Class, Grand Princess, Island Princess, Kenai Princess Wilderness Lodge, Lotus Spa, Lotus Spa logo, Movies Under The Stars, Mt. McKinley Princess Wilderness Lodge, Ocean Princess, OneSource Academy, OneSource eTools, Pacific Princess, Personal Choice, Personal Choice Cruising, Personal Choice Dining, POLAR Online, Princess, the Princess logo, Princess Captain’s Circle, Princess Captain’s Circle logo, Princess Cays and logo, Princess Cruises, Princess Cruises – The Consummate Host, Princess Pelicans and logo, Princess ScholarShip@Sea Program and logo, Princess Tours, Remix, Royal Princess, Ruby Princess, Sapphire Princess, Sea Princess, Sea Witch logo, Shockwaves, Star Princess, and Sun Princess are registered service marks or trademarks of Princess Cruise Lines, Ltd., its affiliates or its Licensor. Agent’s Choice, Agent’s Choice Group Program, Alaskan Outfitters, Anytime Dining, Bon Voyage Experience, C.H.E.F. Culinary Heritage of Excellence in Food, Denali Express, FlightChoice, FlightChoice Plus, McKinley Express, Princess Access, Princess Cruises Ultimate Ship Tour and logo, Princess eZAir, Princess Vacation Protection, Princess Platinum Vacation Protection, and Welcome to the Circle are service marks or trademarks of Princess Cruise Lines, Ltd., its affiliates or its Licensor.
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 PRINCESS in any way and PRINCESS 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 PRINCESS’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 PRINCESS 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. PRINCESS 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.
Permission must be granted by us for any type of link to the Site. To seek our permission, you may write to PRINCESS. 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.
You agree to defend, indemnify and hold PRINCESS, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, in any way arising from, related to or in connection with your use of the Site, your violation of the Terms or the posting or transmission of any materials on or through the Site by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right.
DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT:
THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTION, MATERIALS AND SERVICES IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PRINCESS DOES NOT WARRANT THAT THE SITE OR THE FUNCTION, CONTENT OR SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. PRINCESS MAKES NO WARRANTY THAT THE SITE WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
PRINCESS DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY OR ON BEHALF OF THIRD PARTIES ON OR THROUGH THE SITE. PRINCESS IS NOT A PARTY TO, AND DOES NOT MONITOR, ANY TRANSACTION BETWEEN USERS AND THIRD PARTIES WITHOUT THE DIRECT INVOLVEMENT OF PRINCESS.
LIMITATION OF LIABILITY
IN NO EVENT SHALL PRINCESS, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTION RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES, OR COST OF SUBSTITUTE SERVICES, EVEN IF PRINCESS OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF PRINCESS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, $100.00.
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.
Any inquiries concerning these Terms should be directed to:
Princess Cruises, 24844 Avenue Rockefeller
Santa Clarita, CA 91355
Tel 1-800-PRINCESS (1-800-774-6237)
Notices to you may be made via either email or regular mail. The Site may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you on the Site.
To contact us with any questions or concerns in connection with these Terms or the Site, or to provide any notice under these Terms to us please contact us at
Princess Cruise Lines, 24844 Avenue Rockefeller
Santa Clarita, CA 91355
Tel 1-800-PRINCESS (1-800-774-6237), Fax (661) 284-4747.
The Terms constitute the entire agreement between you and PRINCESS and govern your use of the Site, superseding any prior agreements between you and PRINCESS. You also may be subject to additional terms and conditions that are applicable to certain parts of the Site.
You agree that no joint venture, partnership, employment, or agency relationship exists between PRINCESS and you as a result of these Terms or your use of the Site.
Any claim or cause of action you may have with respect to PRINCESS or the Site must be commenced within one (1) year after the claim or cause of action arose.
The failure of PRINCESS to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
You may not assign the Terms or any of your rights or obligations under the Terms without express written consent by PRINCESS.
The Terms inure to the benefit of PRINCESS successors, assigns and licensees. The section titles in the Terms are for convenience only and have no legal or contractual effect.
Princess Cruises complies with the requirements of the U.S. Health Insurance Portability and Accountability Act of 1996. (“HIPAA”)
Access to Your Information
You may, at any time, update, make changes or corrections to your Profile Information or preferences, or delete them, simply by visiting the Reservations page of the site and providing your name and confirmation number. You may also direct us to change or delete your information by fax, mail or email at the addresses and numbers provided below. You can direct us to delete your email address from our mailing list simply by following the instructions on any email you receive. We will act on your instructions promptly, but making changes or deleting information may two weeks or more to become effective. We will honor any requests for us to provide or change information when your log-on information and password are used.
Disclosing Information to Third Parties
Affiliate Marketing Opt Out
At certain places on our site you may be given an Affiliate Marketing Opt Out Notice. Princess Cruises is providing this notice. Federal law gives you the right to limit some but not all marketing from Princess Cruises. Federal law also requires us to give you this notice to tell you about your choice to limit marketing from Princess Cruises. You may limit our affiliates, including as our sister cruise lines in the Carnival Corporation, from marketing their products or services to you based on personal information Princess Cruises provides them. This information includes your name, your address, and your history of cruising. Your choice to limit marketing offers will apply for 5 years from when you tell us your choice. Once that period expires, you will receive a renewal notice which will allow you to limit marketing offers for another 5 years. If you have already made a choice to limit marketing offers from us, you do not need to act again until you receive the renewal notice. To limit affiliate marketing offers, contact us toll free at 866-329-2870.