AGREEMENT BETWEEN
USER AND 4CRUISES.com
The 4CRUISES.com Web Site is comprised of various Web pages operated by
4CRUISES.com.
The 4CRUISES.com Web Site is offered to you conditioned on your acceptance
without modification of the terms, conditions, and notices contained herein.
Your use of the 4CRUISES.com Web Site constitutes your agreement to all
such terms, conditions, and notices.
MODIFICATION OF THESE TERMS OF USE
4CRUISES.com reserves the right to change the terms, conditions, and
notices under which the 4CRUISES.com Web Site is offered, including but
not limited to the charges associated with the use of the 4CRUISES.com Web
Site.
LINKS TO THIRD PARTY SITES
The
4CRUISES.com Web Site may contain links to other Web Sites ("Linked
Sites"). The Linked Sites are not under the control of 4CRUISES.com and
4CRUISES.com is not responsible for the contents of any Linked Site,
including without limitation any link contained in a Linked Site, or any
changes or updates to a Linked Site. 4CRUISES.com is not responsible for
webcasting or any other form of transmission received from any Linked Site.
4CRUISES.com is providing these links to you only as a convenience, and
the inclusion of any link does not imply endorsement by 4CRUISES.com of
the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the
4CRUISES.com Web Site, you warrant to
4CRUISES.com that you will not use the 4CRUISES.com Web Site for any
purpose that is unlawful or prohibited by these terms, conditions, and
notices. You may not use the 4CRUISES.com Web Site in any manner which
could damage, disable, overburden, or impair the 4CRUISES.com Web Site or
interfere with any other party's use and enjoyment of the 4CRUISES.com Web
Site. You may not obtain or attempt to obtain any materials or information
through any means not intentionally made available or provided for through
the 4CRUISES.com Web Sites.
USE OF COMMUNICATION SERVICES
The 4CRUISES.com Web Site may contain bulletin board services, chat areas,
news groups, forums, communities, personal web pages, calendars, and/or
other message or communication facilities designed to enable you to
communicate with the public at large or with a group (collectively,
"Communication Services"), you agree to use the Communication Services only
to post, send and receive messages and material that are proper and related
to the particular Communication Service. By way of example, and not as a
limitation, you agree that when using a Communication Service, you will not:
By using our website you agree to be matched
with up to 4 of our premiere partners and for them to contact you even
if your telephone number is on a corporate, state, or the National Do
Not Call Registry and you agree to our Terms of Use and Privacy
Statement.
MATERIALS PROVIDED TO 4CRUISES.com OR POSTED AT ANY
4CRUISES.com WEB SITE
4CRUISES.com does not claim ownership of the materials you provide to
4CRUISES.com (including feedback and suggestions) or post, upload, input
or submit to any 4CRUISES.com Web Site or its associated services
(collectively "Submissions"). However, by posting, uploading, inputting,
providing or submitting your Submission you are granting 4CRUISES.com, its
affiliated companies and necessary sublicensees permission to use your
Submission in connection with the operation of their Internet businesses
including, without limitation, the rights to: copy, distribute, transmit,
publicly display, publicly perform, reproduce, edit, translate and reformat
your Submission; and to publish your name in connection with your
Submission.
No compensation will be paid with respect to the use of your Submission, as
provided herein. 4CRUISES.com is under no obligation to post or use any
Submission you may provide and may remove any Submission at any time in
4CRUISES.com's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission
you warrant and represent that you own or otherwise control all of the
rights to your Submission as described in this section including, without
limitation, all the rights necessary for you to provide, post, upload, input
or submit the Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE
THROUGH THE 4CRUISES.com WEB SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION
HEREIN. 4CRUISES.com AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR
CHANGES IN THE 4CRUISES.com WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE
4CRUISES.com WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL,
LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE
PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
4CRUISES.com AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE
SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON
THE 4CRUISES.com WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY
KIND. 4CRUISES.com AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND
CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
4CRUISES.com AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR
PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE
OF THE 4CRUISES.com WEB SITE, WITH THE DELAY OR INABILITY TO USE THE
4CRUISES.com WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO
PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS OBTAINED THROUGH THE 4CRUISES.com WEB SITE, OR OTHERWISE
ARISING OUT OF THE USE OF THE 4CRUISES.com WEB SITE, WHETHER BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF
4CRUISES.com OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY
OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF
THE 4CRUISES.com WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE
AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE 4CRUISES.com WEB SITE.
SERVICE CONTACT : info@4CRUISES.com
TERMINATION/ACCESS RESTRICTION
4CRUISES.com reserves the right, in its sole discretion, to terminate your
access to the 4CRUISES.com Web Site and the related services or any
portion thereof at any time, without notice. GENERAL To the maximum extent
permitted by law, this agreement is governed by the laws of the State of
Washington, U.S.A. and you hereby consent to the exclusive jurisdiction and
venue of courts in King County, Washington, U.S.A. in all disputes arising
out of or relating to the use of the 4CRUISES.com Web Site. Use of the
4CRUISES.com Web Site is unauthorized in any jurisdiction that does not
give effect to all provisions of these terms and conditions, including
without limitation this paragraph. You agree that no joint venture,
partnership, employment, or agency relationship exists between you and
4CRUISES.com as a result of this agreement or use of the 4CRUISES.com
Web Site. 4CRUISES.com's performance of this agreement is subject to
existing laws and legal process, and nothing contained in this agreement is
in derogation of 4CRUISES.com's right to comply with governmental, court
and law enforcement requests or requirements relating to your use of the
4CRUISES.com Web Site or information provided to or gathered by
4CRUISES.com with respect to such use. If any part of this agreement is
determined to be invalid or unenforceable pursuant to applicable law
including, but not limited to, the warranty disclaimers and liability
limitations set forth above, then the invalid or unenforceable provision
will be deemed superseded by a valid, enforceable provision that most
closely matches the intent of the original provision and the remainder of
the agreement shall continue in effect. Unless otherwise specified herein,
this agreement constitutes the entire agreement between the user and
4CRUISES.com with respect to the 4CRUISES.com Web Site and it supersedes
all prior or contemporaneous communications and proposals, whether
electronic, oral or written, between the user and 4CRUISES.com with
respect to the 4CRUISES.com Web Site. A printed version of this agreement
and of any notice given in electronic form shall be admissible in judicial
or administrative proceedings based upon or relating to this agreement to
the same extent an d subject to the same conditions as other business
documents and records originally generated and maintained in printed form.
It is the express wish to the parties that this agreement and all related
documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the 4CRUISES.com Web Site are: Copyright 2007 by
4CRUISES.com and/or its suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may be the
trademarks of their respective owners.
The example companies, organizations, products, people and events depicted
herein are fictitious. No association with any real company, organization,
product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT
INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications
of claimed copyright infringement under United States copyright law should
be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT
TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and
Procedure for Making Claims of Copyright Infringement.