The words Terms & Conditions make us cringe too, but even the fabulous must follow a few rules.
Virgin Cruises Intermediate Limited (“Virgin Cruises,” “we,” “us,” or “our”) asks that each of our Sites users (each a “user” and collectively “users,” and when such user specifically refers to you then “you,” “your,” “yours” or “yourself”) take the time to read these Terms & Conditions (these “T&C”) carefully. These T&C form the contract covering your use of the Sites and apply to all users of the Sites.
By using the Sites, you confirm to us that you have read, understood, and agree to be bound by these T&C. If you do not agree to be bound by these T&C, then you are not authorized to use the Sites and should stop using, browsing, or accessing the Sites immediately. Furthermore, you are not authorized to use the Sites if: (a) you are not of legal age or otherwise do not have the legal capacity to form a binding contract with us; or (b) you are a person barred from using the Sites either: (i) under the laws of the country in which you reside or from which you are attempting to access the Sites; or (ii) due to prior violations of these T&C. If you are not authorized to use the Sites according to the foregoing, please do not attempt to use the Sites and do not provide us with your name, contact details or any other information about yourself.
YOU AND VIRGIN CRUISES UNDERSTAND AND AGREE THAT THE ARBITRATION PROVISION CONTAINED IN SECTION 9 PROVIDES THAT WE EACH AGREE TO RESOLVE ANY DISPUTES BETWEEN US THROUGH BINDING ARBITRATION INSTEAD OF IN COURTS OF GENERAL JURISDICTION TO THE FULLEST EXTENT PERMITTED BY LAW. YOU HEREBY AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL AND THAT NO CLAIM OR ARBITRATION PROCEEDING UNDER THESE T&C SHALL BE JOINED TO ANY OTHER CLAIM OR ARBITRATION PROCEEDING, AND NO CLASS PROCEEDINGS SHALL BE PERMITTED. These T&C may change from time to time and, if they do, the most current version of these T&C will always be available via the Website’s home page and will be effective immediately upon posting. We indicate at the top of these T&C when they were last updated. Please ensure that you check these T&C regularly to view any changes which may have been made, because by using the Sites after these T&C have changed, you will be confirming that you have read, understood, and agree to be bound by, the then-current version of these T&C.
We will only consider submissions of ideas (e.g., new products, concepts, services or enhancements, websites, social media or service functionality, prospective business opportunities, names, artwork, writings or inventions) ("Idea Submissions") if you agree to all terms and conditions herein, without modification.
In consideration of the opportunity to request our review of your idea, you agree that:
If you provide us with an Idea Submission, you acknowledge you are aware that under the law of the United States and most foreign countries, you may be able to protect your idea through patent filings, copyrights, trademarks or as trade secrets ("Intellectual Property Rights"). If you believe your idea has value, you should seek an independent attorney evaluation as to what forms of legal protection may best protect you. If you elect to make an Idea Submission to us, you agree that you are transferring all Intellectual Property Rights in the Idea Submission, whether present or potential, to us, and further that you are releasing us of all liabilities or claims which you have or may have had. You understand that you will not be compensated for an Idea Submission, even if we appear to use or otherwise exploit the Idea Submission. We will have no liability to you for receipt, review, use, confidentiality or disclosure of any part of the Idea Submission. We will not return any Idea Submission materials and may choose not respond to Idea Submissions or if we respond, we may not choose not to include reasons for any rejection.
As between you and Virgin Cruises, all text, comments, ideas, concepts, submissions, intellectual property, code, postings, icons, images, designs, sketches, messages, tags, links, photographs, audio, video and other like content, as applicable, which appear on or are embedded in the Sites (collectively, “Content”) and all right, title and interest (including without limitation all copyright, trademark, patent, trade secret, moral rights, and other intellectual property rights) in the Content, are owned exclusively by us or our licensors, and you have no rights in or to the Sites or Content other than as expressly set forth in these T&C. All Content is protected by copyright, trademark and other laws of the United States and/or other jurisdictions. Virgin Cruises hereby authorizes you to copy, share, distribute, or republish materials published by Virgin Cruises on the Sites solely for non-commercial use in support of your interaction with Virgin Cruises’ services and with attribution to Virgin Cruises. In consideration of this authorization, you agree that any copy of these materials that you make shall retain all copyright and other proprietary notices in the same form and manner as on the original.
Prohibited Uses: No other use of the Content is authorized. Notwithstanding the foregoing, no Content may be sold, copied, reproduced, republished, uploaded, displayed, posted, transmitted, distributed, modified, publicly performed, used in any derivative works based thereon or otherwise used for any public or commercial purpose in any form, or by any means without our prior written consent or, where applicable, that of our licensors. Except as specified above, nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, trademark, or copyright of Virgin Cruises or any third party. You shall not harvest or otherwise collect any data, information or content from the Sites, including by using manual or automated software, devices, or other processes to "crawl," "scrape" or "spider" any page of the Website to copy, obtain, propagate, distribute or misappropriate any content; and you shall not use the Sites or any Content for any commercial purpose.
"VIRGIN" is a Trademark of Virgin Enterprises Limited. All other Trademarks appearing on the Sites are the property of the respective owners of such Trademarks. Virgin Cruises is not affiliated with, or sponsored or endorsed by any third-party trademark owner whose Trademark appears on the Sites and whose owner is not indicated to be Virgin Cruises or an affiliated “Virgin” entity. As used herein, the term “Trademarks” means, collectively, all service names, graphics, designs, logos, page headers, button icons, scripts, commercial markings, and trade dress appearing on the Website which indicate a source of goods or services. Trademarks are protected by the trademark laws of the United States and/or other jurisdictions.
Any materials submitted by you to Virgin Cruises via the Sites, or via any link within the Sites, that may appear on or become embedded in the Website, or that may otherwise be used by Virgin Cruises in any way or for any purpose is hereafter referred to as “Your Submission.” By submitting Your Submission, you grant to Virgin Cruises, and to its parent companies, subsidiaries and affiliates and their successors, assigns, licensees, and joint ventures (collectively, the “Virgin Grantees” and each, a “Virgin Grantee”) the unqualified, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, non-exclusive, and royalty-free right, license, authorization, and permission, to use Your Submission, in any form or format, on or through any media and with any technology or devices now known or hereafter developed or discovered, in whole or in part, including without limitation to host, cache, store, maintain, reproduce, distribute, display, exhibit, perform, publish, broadcast, transmit, modify, prepare derivative works of, adapt, reformat, translate, incorporate into any other content and otherwise exploit through the Sites and any other channels, services, and other distribution platforms through all types of media, whether currently existing or existing or developed in the future (collectively, the “Platforms”), for any purpose whatsoever including, without limitation, for any promotional or marketing purposes without accounting, notification, credit or other obligation of compensation or otherwise to you, and the right to license and sub-license and authorize others to exercise any of the rights granted hereunder to the Virgin Grantees, in our sole discretion, including without limitation, the right to distribute and synchronize all or any portion of Your Submission in timed relation to any other visual elements; to webcast, podcast, re-publish, re-broadcast, re-platform, port, syndicate, route, and link to and from all or any portion of Your Submissions; to encrypt, encode and decode, and compress and decompress all or any portion of Your Submissions; to edit, mix, combine, merge, distort, superimpose, create or add special effects, illusions and/or other material to or of all or any portion of Your Submissions; to create composite, stunt, comic or unusual photographs, videos, animations, motion pictures and/or voice reproductions from all or a portion of Your Submissions; and to excerpt and/or extract portions of Your Submissions in order to host, store, index, categorize and display Your Submissions on or through the Platforms, without any credit, compensation or other benefit to you whatsoever. You will not receive any remuneration or compensation for the use of Your Submission, now or in the future, and including but not limited to royalties or any other consideration, and you have no right to inspect or approve use of Your Submission, including but not limited to written copy that may be created and appear in connection therewith. We have no obligation to retain Your post of or make any use of Your Submission. We will not return to you any copies of or materials relating to Your Submission.
Your Submissions are subject to and made in accordance with these T&C and submission of Your Submission confirms Your acceptance of, and agreement to be bound by, all the terms and conditions of these T&C. By submitting Your Submission, you represent and warrant that: (a) you are the exclusive owner of all rights to Your Submission and the right to grant all of the authorizations, permissions, approvals, consents, rights and licenses as described in these T&C, or have all necessary authorizations, permissions, approvals, consents, rights and licenses from the other owner(s) of or persons or property depicted in any part of Your Submission to perform and comply with all of the provisions of these T&C; (b) it is your original work; (c) it has not been previously published; (d) you have the legal right and capability to enter into these T&C and perform and comply with all of its terms and conditions, or if you are between 13 - 17 years of age, you represent and warrant to Us that you have the permission of your parent or guardian to submit the Submission and your parent or guardian agrees to these T&C; (e) all of the information provided by you associated with Your Submission is correct, complete, and current to the best of your knowledge; (f) none of Your Submission violates these T&C, violates any rights of any other party whether or not they appear in Your Submission, violates any of your obligations, infringes upon or misappropriates any intellectual property, privacy, publicity or other rights of any third party, or otherwise violates any law or regulation; (g) the submission of Your Submission is not subject to or under the jurisdiction of any guild or union collective bargaining agreement and neither Virgin Cruises nor any of the other Virgin Grantees shall be obligated or responsible for providing any guild or residual payments, or payments to any manager, agent, or other representative in connection with the submission and exploitation of any of Your Submission; (h) publication of Your Submission via various media, including posting on the Sites, will not infringe on the rights of any third party; and (i) Your Submission does not contain any obscene, abusive, discriminatory, profane, violent, unlawful, sexually explicit, or defamatory material. Any of Your Submissions which do not comply with these T&C may be promptly removed from the Sites and your account may be suspended or deleted.
Virgin Cruises and the Virgin Grantees are not responsible for: (a) unauthorized human intervention in any part of the process for submitting Your Submission; (b) printing, typographical, technical, computer, network or human error which may occur in the administration of the submission process; (c) lost, undeliverable, or damaged submissions; or (d) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Your Submission. Virgin Cruises and the Virgin Grantees are not responsible for misdirected or undeliverable submissions or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Virgin Cruises and the Virgin Grantees are not responsible for any unauthorized third party use of Your Submission.
Virgin Cruises may, in appropriate circumstances and at its sole discretion, disable and/or terminate use by users who infringe the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent a Notice containing the following information:
Virgin Cruises' Copyright Agent for Notice of claims of copyright or other intellectual property infringement can be reached in the following ways:
Copyright Agent, Virgin Cruises Intermediate Limited
1000 South Pine Island Road, Suite 600
Plantation, FL 33324
Email: [email protected]
Pursuant to California Civil Code Section 1789.3, users are entitled to the following specific consumer rights notice:
The name and address of the provider of the Website is: Virgin Cruises Intermediate Limited, 1000 South Pine Island Road, Suite 600, Plantation, FL 33324.
The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite S202, Sacramento, CA 95834 or by telephone at (916) 574-7950 or (800) 952-5210.
YOU HEREBY AGREE TO RELEASE EACH OF VIRGIN CRUISES, THE OTHER VIRGIN GRANTEES, AND ANY OF THEIR RESPECTIVE MEMBERS, MANAGERS, DIRECTORS, OFFICERS, LICENSORS, PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, AGENTS, EMPLOYEES, CONSULTANTS, REPRESENTATIVES, SERVICE PROVIDERS, SUPPLIERS, ADVERTISING/PROMOTION AGENCIES, AND ALL THIRD PARTIES TO WHOM WE HAVE LICENSED OR ASSIGNED ANY OF THE RIGHTS OBTAINED THROUGH THESE T&C, AND EACH OF THEIR RESPECTIVE PARENT COMPANIES AND EACH SUCH COMPANY’S OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE "VIRGIN CRUISES PARTIES" AND EACH, A "VIRGIN CRUISES PARTY") FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTIONS, SUITS, PENALTIES, FINES, LOSSES OR DAMAGES (COLLECTIVELY, "CLAIMS") ARISING OUT OF: (A) THE USE OF THE SITES, INCLUDING, BUT NOT LIMITED TO PERSONAL INJURY, DEATH OR DAMAGE TO OR LOSS OF PROPERTY; AND (B) ANY AND ALL CLAIMS WHICH YOU MAY OR CAN HAVE IN CONNECTION WITH IDEA SUBMISSIONS, YOUR SUBMISSIONS, INCLUDING, WITHOUT LIMITATION, ANY AND ALL LIABILITY FOR ANY USE OR NONUSE OF IDEA SUBMISSIONS, YOUR SUBMISSIONS OR OTHER CONTENT, CLAIMS FOR DEFAMATION, LIBEL, SLANDER, INVASION OF PRIVACY, RIGHT OF PUBLICITY, DIRECT OR INDIRECT TRADEMARK INFRINGEMENT, UNFAIR COMPETITION, DIRECT OR INDIRECT PATENT INFRINGEMENT, DIRECT OR INDIRECT COPYRIGHT INFRINGEMENT, PSYCHOLOGICAL HARM, EMOTIONAL DISTRESS OR ECONOMIC LOSS. EACH OF THE VIRGIN GRANTEES HAS THE RIGHT TO ASSIGN, TRANSFER, CONVEY, LICENSE, SUB-LICENSE AND OTHERWISE TRANSFER, SUB-CONTRACT, DELEGATE, OUTSOURCE OR ENGAGE THIRD PARTIES TO PERFORM OR BENEFIT FROM ALL OR ANY PORTION OF ITS OR THEIR RIGHTS AND/OR OBLIGATIONS TO ANY ONE OR MORE OTHER PARTIES, WITHOUT ACCOUNTING, REPORTING, OR NOTIFYING YOU OR ANY OTHER OBLIGATION OR LIABILITY TO YOU WHATSOEVER, NOW OR IN THE FUTURE. YOU ALSO FOREVER WAIVE AND RELINQUISH ALL MORAL RIGHTS OR DROIT MORAL NOW OR HEREAFTER RECOGNIZED IN CONNECTION WITH YOUR SUBMISSION AND THE RIGHTS GRANTED TO THE VIRGIN GRANTEES.
YOU AGREE TO INDEMNIFY, HOLD HARMLESS, AND DEFEND THE VIRGIN CRUISES PARTIES FROM AND AGAINST ANY CLAIMS, INCLUDING REASONABLEATTORNEY’S FEES AND EXPENSES INCURRED IN RESPONDING TO SUCH CLAIMS, ASSERTED BY ANY PERSON OR THIRD PARTY, ARISING OUT OF OR RELATING TO: (A) THIS AGREEMENT AND/OR ANY BREACH BY YOU THEREOF; (B) ANY AND ALL OF YOUR SUBMISSIONS OR IDEA SUBMISSIONS, INCLUDING ANY CLAIMS BY ANY THIRD PARTY THAT SAID SUBMISSIONS BY YOU CONSTITUTE TRADEMARK, PATENT OR COPYRIGHT INFRINGEMENT; (C) YOUR USE OF THE SITES, INCLUDING, WITHOUT LIMITATION ANY DATA, CONTENT, OR WORK TRANSMITTED OR RECEIVED BY YOU IN CONNECTION THEREWITH; (D) ANY UNACCEPTABLE OR OBJECTIONABLE USE OF THE SITES, AS WE DETERMINE AT OUR SOLE DISCRETION; AND (E) ANY NEGLIGENT OR WILLFUL MISCONDUCT BY YOU.
THE SITES AND CONTENT ARE PROVIDED "AS IS" WITH ALL FAULTS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AND YOUR USE OF THE SITES INCLUDING WITHOUT LIMITATION SUBMISSIONS IS SOLELY AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR YOUR SUBMISSIONS, IDEA SUBMISSIONS AND FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM YOUR USE OF THE SITES OR LINKS CONTAINED THEREIN. VIRGIN CRUISES EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, TO YOU REGARDING THE SITES, INCLUDING WITHOUT LIMITATION WARRANTIES CONCERNING ACCESS TO AND/OR THE AVAILABILITY, ACCURACY, USEFULNESS AND/OR SECURITY OF THE WEBSITE, ANY CONTENT, MATERIAL, SOFTWARE, INFORMATION, DATA, SOFTWARE, CAPABILITIES, RESOURCES, FACILITIES, PRODUCTS AND/OR SERVICES MADE AVAILABLE TO YOU THROUGH THE WEBSITE, AND ANY WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT THE WEBSITE WILL FUNCTION OR PERFORM IN ANY PARTICULAR MANNER. Virgin Cruses neither warrants nor represents that your use of materials displayed on the sites will not infringe upon the rights of third parties not owned by or affiliated with Virgin Cruises. THE SITES INCLUDING ALL CONTENT ARE MAINTAINED ON SERVERS IN THE UNITED STATES INTENDED FOR USERS THAT ARE NOT RESTRICTED OR PROHIBITED BY LAW OR REGULATION TO ACCESS AND USE THE SITES IN THE UNITED STATES.
UNDER NO CIRCUMSTANCES SHALL THE VIRGIN CRUISES PARTIES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THE SITES OR THESE T&C. SOME STATES PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE CUMULATIVE REMEDY FOR ANY CLAIMS OR DISPUTES RELATING TO THE VIRGIN CRUISES PARTIES OR THE SITES SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
Virgin Cruises makes no representation that images on the Sites are accurate or available; images on the Sites may not reflect Virgin Cruises’ actual ships or services. In the event of a mistake, error, or other inadvertent communication or incorrect information, whether caused by you, printing, typographical or other errors or by any of the equipment or programming associated with or utilized by the Virgin Cruise Parties, we have no responsibility to honor inaccurately disclosed or described fees, rates, or other information. Virgin Cruises shall not be liable for any delay or failure to communicate resulting from causes outside its reasonable control or unforeseen circumstances such as acts of nature or God, fire, flood, earthquake, accidents, strikes, war, terrorism, governmental act, failure of or interruption in common carriers (including, without limitation, Internet service providers and web hosting providers) or utilities, or shortages of transportation facilities, fuel, energy, labor or materials, and is not responsible for site unavailability or technical failure of any kind, including but not limited to malfunctions, interruptions or disconnections in phone lines or network hardware or software.
Any controversy or claim arising out of or relating to these T&C or a breach thereof, with the exception of any injunctive or equitable relief sought by us for any violation of these T&C, shall be submitted to binding arbitration in Miami, Florida in accordance with the rules and procedures of the American Arbitration Association ("AAA"), with the exception of any conflicts-of-law provisions. Any disputes or issues arising with respect to any ticket sold by us shall be handled as set forth in such ticket terms and conditions.
These T&C are made in, and shall be governed by, the laws of Florida, excluding its conflicts-of-law provisions. If, for any reason, this Arbitration provision shall be found to be invalid or unenforceable in any respect, or we initiate equitable proceedings, all actions, claims, or disputes arising under or relating to these T&C shall be brought exclusively in the federal or state courts of Miami, Florida. You irrevocably submit and consent to the exercise of subject matter jurisdiction and personal jurisdiction over you by the federal and/or state courts in Miami, Florida. You hereby irrevocably waive any and all objections which you may now or hereafter have to the exercise of personal and subject matter jurisdiction by the federal or state courts in Miami, Florida and to the venue of any such suit, action, or proceeding brought in any federal or state court in Miami, Florida. You agree to waive trial by jury in any action, proceeding or counterclaim brought by against the Company on any matter whatsoever arising out of, relating to, or in any way connected with these T&C.