Terms of use

OVERVIEW

This Website is provided solely to assist users in gathering travel information, posting opinions of travel related issues, engaging in interactive travel forums, and for no other purposes. The terms “we”, “us”, “our” and ” CruiseOyster ” refer to CruiseOyster. The term “you” refers to the user visiting the Website and/or contributing content on this Website.

This Website is offered to you conditioned upon your acceptance without modification of any/all the terms, conditions, and notices set forth below (collectively, the “Agreement”). By accessing or using this Website in any manner, you agree to be bound by the Agreement and represent that you have read and understood its terms. Please read the Agreement carefully, as it contains information concerning your legal rights and limitations on these rights, as well as a section regarding applicable law and jurisdiction of disputes. If you do not accept all of these terms and conditions you are not authorised to use this Website.

We may change or otherwise modify the Agreement in the future in accordance with the Terms and Conditions herein, and you understand and agree that your continued access or use of this Website after such change signifies your acceptance of the updated or modified Agreement. Be sure to return to this page periodically to review the most current version of the Agreement.

USE OF THE WEBSITE

As a condition of your use of this Website, you warrant that (i) all information supplied by you on this Website is true, accurate, current and complete, (ii) if you have a cruiseoyster.com account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you, (iii) you are 16 years of age or older in order to register for an account and contribute to our Website and (iv) you possess the legal authority to enter into this Agreement and to use this Website in accordance with all terms and conditions herein.

CruiseOyster does not knowingly collect the information of anyone under the age of 16. We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.

Copying, transmission, reproduction, replication, posting or redistribution of the Website Content or any portion thereof is strictly prohibited without the prior written permission of CruiseOyster.

Users of the Website will not incur any charges for using the Website in accordance with these Terms and Conditions. However, the Website contains links to third-party websites which are operated and owned by independent service providers or retailers. Such third-parties may charge a fee for use of certain content or services provided on the website. Therefore, you should make whatever investigation you feel is necessary or appropriate before proceeding with any transaction with any third party to determine whether a charge will be incurred. CruiseOyster in no way guarantees that this information is correct nor is it in anyway responsible for content or services provided on such third party websites.

PROHIBITED ACTIVITIES

The content and information on this Website (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material), as well as the infrastructure used to provide such content and information, is proprietary to CruiseOyster. You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website. Additionally, you agree not to:

(i) use this Website or its contents for any commercial purpose;

(ii) access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;

(iii) violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;

(iv) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;

(v) deep-link to any portion of this Website for any purpose without our express written permission;

(vi) “frame”, “mirror” or otherwise incorporate any part of this Website into any other website without our prior written authorization; or

(vii) attempt to modify, translate, adapt, edit, decompile or disassemble any software programs used by CruiseOyster in connection with the Website or the services.

PRIVACY POLICY AND DISCLOSURES

CruiseOyster believes in protecting your privacy. Any personal information you post on the Website will be used in accordance with our Privacy Policy. Click here to view our Privacy Policy.

REVIEWS, COMMENTS AND USE OF OTHER INTERACTIVE AREAS

We appreciate your reviews. Please be aware that by submitting your reviews to this Website by email, postings on this Website or otherwise, including any ship reviews, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, “Submissions”), you grant CruiseOyster and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised, for any purpose; and (b) use the name that you submit in connection with such Submission. You acknowledge that CruiseOyster may choose to provide attribution of your comments or reviews at our discretion. You further grant CruiseOyster the right to pursue at law any person or entity that violates your or CruiseOyster’s rights in the Submissions by a breach of this Agreement. You acknowledge and agree that Submissions are non-confidential and non-proprietary.

CruiseOyster does not edit or control the user messages posted to or distributed on this Website including through any chat rooms, bulletin boards or other communications forums (collectively, “User Messages”), and will not be in any way responsible or liable for such User Messages. CruiseOyster nevertheless reserves the right for any reason in its sole discretion to remove without notice any User Messages and/or Site Content.

This Website may contain discussion forums, bulletin boards, review services or other forums in which you or third parties may post reviews of travel experiences or other content, messages, materials or other items on this Website (“Interactive Areas”). If CruiseOyster provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through this Website any of the following:

Any message, data, information, text, music, sound, photos, graphics, code or any other material (“Content”) that is false, unlawful, misleading, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, or advocates harassment of another person, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;

Content that is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

Content that would constitute, encourage, promote or provide instructions for a conduct of an illegal activity, criminal offense, give rise to civil liability, violate the rights of any party in any country of the world, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission (SEC) or any rules of any of securities exchange , including but not limited to, the New York Stock Exchange (NYSE), the NASDAQ, or the London Stock Exchange;

Content that provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;

Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. In particular, content that promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including CruiseOyster;

Unsolicited promotions, mass mailings or “spamming”, transmission of “junk mail”, “chain letters”, political campaigning, advertising, contests, raffles, or solicitations;

Content containing commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;

Private information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses, government identity numbers and credit card numbers;

Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);

Viruses, corrupted data or other harmful, disruptive or destructive files;

Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or

Content or links to content that, in the sole judgment of CruiseOyster, (a) violates the previous subsections herein, (b) is objectionable, (c) which restricts or inhibits any other person from using or enjoying the Interactive Areas or this Website, or (d) which may expose CruiseOyster or its affiliates or its users to any harm or liability of any type.

CruiseOyster takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is CruiseOyster liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, CruiseOyster is not liable for any statements, representations or Content provided by its users in any public forum, personal home page or other Interactive Area. Although CruiseOyster has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, CruiseOyster reserves the right, and has absolute discretion, to remove, screen, translate or edit without notice any Content posted or stored on this Website at any time and for any reason, or to have such actions performed by third parties on its behalf, and you are solely responsible for creating backup copies of and replacing any Content you post or store on this Website at your sole cost and expense.

If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that (a) you unconditionally and irrevocably consent to all or any acts or omissions by CruiseOyster or its licensees, successors and assigns in relation to the Content, which have already occurred or may occur in the future, which may infringe any and all moral rights in any of the Content (b) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (c) you have no objection to the publication, use, modification, deletion and exploitation of the Content by CruiseOyster or its licensees, successors and assigns; (d) to the maximum extent permitted by law, you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and (e) you forever release CruiseOyster, and its licensees, successors and assigns, from any claims that you could otherwise assert against CruiseOyster by virtue of any such moral rights.

Any use of the Interactive Areas or other portions of this Website in violation of the foregoing violates the terms of this Agreement and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or this Website.

LIABILITY DISCLAIMER

Please read this section carefully. This section limits CruiseOyster ‘s liability to you for issues that may arise in connection with your use of this website. If you do not understand the terms in this section or elsewhere in the agreement, please consult a lawyer for clarification before accessing or using this website.

The information, software, products, and services published on this website may include inaccuracies or errors, including reservation availability and pricing errors. CruiseOyster do not guarantee the accuracy of, and to the maximum extent permitted by applicable law disclaim all liability for, any errors or other inaccuracies relating to the information and description of the ships, cruise, hotel, air, car and any other travel products displayed on this website (including, without limitation, the pricing, availability, photographs, list of hotel or vacation rental property amenities, general product descriptions, reviews and ratings, etc.). In addition, CruiseOyster expressly reserves the right to correct any availability and pricing errors on our website and/or, to the maximum extent permitted by applicable law, on pending reservations made under an incorrect price.

CruiseOyster make no representations of any kind about the suitability of the information, software, products, and services contained on this website (site content) or any portion therof for any purpose, and the inclusion or offering of any products or services on this website does not constitute any endorsement or recommendation of such products or services by CruiseOyster. All such information, software, products, and services are provided “as is” and, to the maximum extent permitted by applicable law, without warranty of any kind. To the maximum extent permitted by applicable law, CruiseOyster disclaim all warranties, conditions, or other terms of any kind that this website, its servers or any email sent from CruiseOyster, are free of viruses or other harmful components. To the maximum extent permitted under applicable law CruiseOyster hereby disclaims all warranties and conditions with regard to this information, software, products, and services, including all implied warranties and conditions or terms of any kind as to merchantability, fitness for a particular purpose, title, quiet possession and noninfringement.

To the maximum extent permitted by applicable law, CruiseOyster also expressly disclaims any warranty, representation, or other term of any kind as to the accuracy or proprietary character of the site content.

Nothing in this agreement shall exclue or limit CruiseOyster’s liability for (i) death or personal infury caused by negligence; (ii) fraud; (iii) fraudulent mistatement (iv) deliberate breach or gross negligence (v) any other liability which cannot be excluded under applicable law.

The third-party suppliers providing hotel or vacation rental property information, travel or other services on this website are independent contractors and not agents or employees of CruiseOyster. CruiseOyster is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. CruiseOyster has no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expense, omissions, delays, re-routing or acts of any government or authority.

Subject to the foregoing, you use this website at your own risk and in no event shall CruiseOyster (or its officers, directors and affiliates) be liable for any direct, indirect, punitive, incidental, special, or consequential lossses or damages or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or conntected in any way to business interruption of any type arising out of, or in any way connected with, your access to, display of or use of this website or with the delay or inability to access, display or use this website (including, but not limited to, your reliance upon reviews and opinions appearing on this website; any computer viruses, information, software, linked sites, products, and services obtained through this website; or otherwise arising out of the access to, display of or use of this website) whether based on a theory of negligence, contract, tort, strict liability, or otherwise, and even if CruiseOyster has been advised of the possibility of such damages.

These terms and conditions and foregoing liablity disclaimer do not affect mandatory legal rights that cannot be excluded under applicable law.

If CruiseOyster is found liable for any loss or damage that arises out of or is in any way connected with your use of our sites or services, then CruiseOyster’s liabilities will in no event exceed, in the aggregate, the greater of (a) the transaction fees paid to CruiseOyster for the transaction(s) on this Website giving rise to the claim, or (b) One-Hundred Dollars (US $100.00).

The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of CruiseOyster.

INDEMNIFICATION

You agree to defend and indemnify CruiseOyster and its affiliates and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

(i) your breach of this Agreement or the documents referenced herein;

(ii) your violation of any law or the rights of a third party; or

(iii) your use of this Website.

LINKS TO THIRD-PARTY SITES

This Website may contain hyperlinks to websites operated by parties other than CruiseOyster. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. In some cases you may be asked by a third party site to link your profile on CruiseOyster to a profile on another third party site. Choosing to do so is purely optional, and the decision to allow this information to be linked can be disabled (with the third party site) at any time.

COPYRIGHT AND TRADEMARK NOTICES

All contents of this Website are: ©2015 CruiseOyster. All rights reserved. CruiseOyster is not responsible for content on websites operated by parties other than CruiseOyster. CruiseOyster, the shell logo, the ratings shells and all other product or service names or slogans displayed on this Website are registered and/or common law trademarks of CruiseOyster and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of CruiseOyster or the applicable trademark holder. In addition, the look and feel of this Website, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of CruiseOyster and may not be copied, imitated or used, in whole or in part, without the prior written permission of CruiseOyster. All other trademarks, registered trademarks, product names and company names or logos mentioned in this Website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by CruiseOyster.

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