Terms & Conditions
CRUISEMINDED LIMITED ("CruiseMinded.com") provides to you a website dedicated to information regarding cruising, together with all and any other such services as CruiseMinded.com may feature on its web site from time to time (the “Site”).
1. Your conduct and our acceptable use policy
1.1 You acknowledge that all information, data, text, software, photographs, graphics, video, messages and other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not CruiseMinded.com are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Site. CruiseMinded.com does not control the Content posted via the Site and, as such, does not guarantee the accuracy, integrity or quality of such Content. You acknowledge that by using the Site, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will CruiseMinded.com be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Site.
1.2 CruiseMinded.com is concerned about the safety and privacy of all its users (Members), particularly children. For this reason, parents who wish to allow their children access to the Site should supervise their access to the Site. By allowing your child access to the Site, they will be able to access all of the Sites including, profiles, articles and other elements of the community. Please remember that the Site is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Sites and/or Content are appropriate for your child.
1.3 You may only use the Site for lawful purposes.
1.4 You must not use the Site to:
a. upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Site;
e. upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, design right, database right or other proprietary rights ("Rights") of any party;
g. upload, post, email or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;
h. upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other Members of the Site are able to type, or otherwise act in a manner that negatively affects other Members' ability to engage in real time exchanges;
j. interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
k. intentionally or unintentionally violate any applicable law or regulation including, but not limited to, regulations promulgated by any securities exchange;
l. "stalk" or otherwise harass another;
m. to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer or hardware; or
n. collect or store personal data about other Members.
1.5 Whilst CruiseMinded.com shall use reasonable endeavours to ensure that the Site does not feature offensive, indecent or objectionable Content, you acknowledge that CruiseMinded.com does not pre-screen Content, and that CruiseMinded.com and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Site. CruiseMinded.com and its designees shall have the right to remove any Content that violates the Terms and Conditions or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by CruiseMinded.com or submitted to CruiseMinded.com including without limitation information in Message Boards, and in all other parts of the Site.
1.6 You acknowledge and agree that CruiseMinded.com may preserve Content and may also disclose Content: (a) if required to do so by law or in the good faith belief that any such preservation or disclosure is reasonably necessary, (b) to comply with legal process; (c) to enforce the Terms and Conditions; (d) to respond to claims that any Content violates the rights of third-parties; or (e) protect the rights, property, or personal safety of CruiseMinded.com its Members and the public.
1.7 When posting Content to the Site you must comply with the following content standards:
a. Content you post must be (i) accurate (where it states fact) (ii) genuinely held (where it states opinions) and (iii) be made in the English language.
You agree to indemnify and hold CruiseMinded.com and its subsidiaries, affiliates, officers, agents, co-branders and other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Site, your use of the Site, your connection to the Site, your violation of the Terms and Conditions, or your violation of any rights of another.
3. No Resale Of Site
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site, without written permission of the owners, CRUISEMINDED LIMITED.
You agree that CruiseMinded.com in its sole discretion, may terminate your use of the Site, and remove and discard any Content within the Site, for any reason, including, without limitation, for lack of use or if CruiseMinded.com believes that you have violated or acted inconsistently with the letter or spirit of the Terms and Conditions. Further, you agree that CruiseMinded.com shall not be liable to you or any third-party for any termination of your access to the Site. CruiseMinded.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that CruiseMinded.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site. You agree that once your content is published, should you wish to terminate your account with CruiseMinded.com, CruiseMinded.com reserves the right to retain your content as ‘anonymous’ within the site.
5. Dealings With Third Parties
Your correspondence or business dealings with, or participation in promotions of, advertisers, operators, agents, writers and merchants found on or through the Site, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser, operator, agent, writer or merchant. To the fullest extent permitted by applicable law, you agree that: (a) CruiseMinded.com shall not be responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such advertisers, operators, agents, writers and merchants on the Site, and (b) any orders placed by you on, and any product specifications and product availability appearing on, the Site are subject to confirmation by, and the terms and conditions of business of, the relevant Merchant.
The Site may provide, or third parties may provide, links to other World Wide Web sites or resources. Because CruiseMinded.com has no control over such sites and resources, you acknowledge and agree that CruiseMinded.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that CruiseMinded.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or Sites available on or through any such site or resource.
7. Intellectual Property Rights
7.1 You acknowledge and agree that the Site and any necessary software used in connection with the Site ("Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws (“Intellectual Property Rights”). You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Site or advertisers is protected by Intellectual Property Rights. Except as expressly authorised by CruiseMinded.com or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site, the Software or Intellectual Property Rights, in whole or in part.
7.2 CruiseMinded.com grants you a personal, non-transferable and non-exclusive right and licence to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicence, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorised access to the Site. You agree not to access the Site by any means other than through the interface that is provided by CruiseMinded.com for use in accessing the Site.
You expressly acknowledge and agree that:
8.1 Your use of the Site is at your sole risk. The Site is provided on an "as is" and "as available" basis. To the fullest extent permitted by applicable law, CruiseMinded.com expressly disclaims all warranties, conditions and other terms of any kind, whether express or implied, including, but not limited to any implied term of merchantability, satisfactory quality, fitness for a particular purpose, and any term as to the provision of Sites to a standard of reasonable care and skill.
8.2 CruiseMinded.com makes no warranty or representation that (i) the Site will meet your requirements, (ii) the Site will be uninterrupted, timely, secure, or error-free, (iii) the content will be accurate or reliable, (iv) the quality of any products, Sites, information, or other material purchased or obtained by you through the Site will meet your expectations.
8.3 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 to your computer system or loss of data that results from the download of any such material.
8.4 No advice or information, whether oral or written, obtained by you from CruiseMinded.com or through or from the Site shall create any warranty or other obligation not expressly stated in the Terms and Conditions.
9. Limitation of liability
9.1 You expressly acknowledge and agree that CruiseMinded.com shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if CruiseMinded.com has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Site; (ii) the cost of procurement of substitute goods and Sites resulting from any goods, data, information or Sites purchased or obtained or messages received or transactions entered into through or from the Site; (iii) unauthorised access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Site; or (v) any other matter relating to the Site.
9.2 You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site of these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
9.3 Nothing in these Terms and Conditions shall affect the statutory rights of any consumer or exclude or restrict any liability for death or personal injury arising from the negligence or fraud of CruiseMinded.com.
10. General Information
10.1 These Terms and Conditions (including the guides and rules referred to herein) constitute the entire agreement between you and CruiseMinded.com and govern your use of the Site, superseding any prior agreements between you and CruiseMinded.com You also may be subject to additional terms and conditions that may apply when you use affiliate Sites, third-party content or third-party software.
10.2 The Terms and Conditions and the relationship between you and CruiseMinded.com shall be governed by the laws of England. You and CruiseMinded.com agree to submit to the exclusive jurisdiction of the English courts.
10.3 Any failure by CruiseMinded.com to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision.
10.4 If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.
10.5 It is the intention of the parties that no term of this Agreement may be enforced by any person who is not a party to this Agreement (“Third Party”) notwithstanding that any such term of this Agreement may purport to confer, or may be construed as conferring, any benefit on such Third Party and irrespective of whether such Third Party is identified in this Agreement. The Contracts (Rights of Third Parties) Act 1999 shall not apply to any provisions of this Agreement.
10.6 The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect.
10.7 Please report any violations of the Terms and Conditions to CruiseMinded.com via e-mail at support@CruiseMinded.com.
11. ABOUT US
CRUISEMINDED LIMITED is a company registered in England. Company registration number 07574906. Registered office 109 South Worple Way, London, SW14 8TN, United Kingdom.
If you have any queries in relations to these Terms and Conditions please contact us on hello@CruiseMinded.com
Last updated 10 September 2012