Terms and Conditions
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Terms and Conditions Expand / Collapse
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Posted 22 May 2008 14:06
2nd Officer

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1. Introduction

This Agreement is a legal document which sets out your rights and obligations, and those of Carnival plc, trading as P&O Cruises, a company registered in England under registration no. 04039524 ("Community", "we" or "us"), in relation to this site and the services offered by Community through it (the "Community Service"). By registering for the Community Service, you agree to the terms of this Agreement, and you re-affirm that agreement every time you use it. You should be aware that this Agreement may be updated by us from time to time without prior notice to you. We will post an updated Agreement on the Community Service from time to time and you should review this Agreement periodically for changes.

2. Membership

In order to use the Community Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based Content, and pay any fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other such access device.

People who successfully register for the Community Service become members. Members may:
- post their name and some other details in the On Board Forum and Message Board, which appear on the Community Service;
- post Content to any message boards or online forums which may be available on the Community Service.

3. Registration

In consideration of your use of the Community Service you undertake to (a) register for the Community Service using true, accurate, current and complete information about yourself as prompted by the Community Service's registration form – including your correct name, address, email address, cruise and passenger history and any other requested details and (b) maintain and promptly update such information to keep it true, accurate, current and complete.

As part of the registration process for the Community Service, you will receive a verification email, the purpose of which is to take reasonable steps to ensure that the email address you have nominated during registration is controlled by you. That email contains simple instructions, which you must follow.

If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Community Service or any part of it by you.


4. Member Account, Password and Security

You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify us of any unauthorized use of your password or account and any other breach of security, (b) ensure that you exit from your account at the end of each session, and (c) do not give consent to other members or non-members to use your username, password or account in order to access the Community service. We are not liable for any loss or damage arising from your failure to comply with this Clause 4.
For security or other reasons, we may at any time require you to change your password or other information, which facilitates your access to the Community Service.

5. Privacy Policy

P&O Cruises privacy policy forms part of this Agreement, and by agreeing to this Agreement, you also give your consent to the way we may handle your personal data as detailed in that policy. Please note that some information about you that you upload may be available to other members and you explicitly consent to this by uploading your information.  The information that may be available to other members will normally be clearly indicated when you give it. Given the global nature of the World Wide Web, any posting on the Community Service (including any which contain personal information) is, potentially accessible to Internet users around the world and so you should take care what information you upload. The privacy policy may also be updated from time to time without notice to you.

Click here to view our privacy policy. 

 

6. Community Role

You acknowledge that we are not and cannot be responsible for the behaviour of members - whether on the Community Service or outside of it. We only provide a venue from where the Community Service may be accessed.

You acknowledge that all information, data, text, photographs, graphics, 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 Community, are entirely responsible for all content that you upload, post, email or otherwise transmit via the Community Service and, as such, we do not guarantee the accuracy, integrity or quality of such content. You acknowledge that by using the Community Service, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will we 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 Community Service. Community does not pre-screen the content contributed or posted by members.

7. Operation of the 'Community Services'

Community reserves the right to withdraw or modify one or more aspects of the Community Service, with or without notice to you, where we have legal, technical or other reasons to do so. There may also be times when the Community Service becomes unavailable, whether on a scheduled or unscheduled basis. You agree that we shall not be liable to you or to any third party for any withdrawal, modification, unavailability, suspension or discontinuance of the Community Service.

8. Use of Community Service

The Community Service is intended to be used by its members for the purposes referred to in Clause 2 above.

Please respect others in your choice of words, thoughts and comments. Accordingly, members must not:
- include an email address, postal address, phone number, the address of any website, or any other information which is intended to facilitate direct communication, in Content which is uploaded, posted, emailed or otherwise transmitted on or through the Community Service;
- upload, post, email or otherwise transmit any names or Content, which includes details of any member of P&O Cruises staff or any of its associated sister companies.
- upload, post, email or otherwise transmit any Content, or otherwise use, the Community Service for any business or commercial purpose;
- upload, post, email or otherwise transmit any Content, or otherwise use, the Community Service for any advertising or promotional purpose;
- upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- impersonate any person or entity, including, but not limited to, a Community official or employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Community Service;
- 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;
- upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "Spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- 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 of telecommunications equipment;
- disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Community Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
You acknowledge and agree that we may preserve Content and may also disclose Content; (a) to our affiliated companies worldwide for the purpose of providing the Content to you in an efficient manner, (b) for the purpose of properly administering your account and/or (c) if required to do so by law or in the good faith belief that any such preservation or disclosure is reasonably necessary to comply with a legal process, enforce this Agreement, respond to claims that any Content violates the rights of third parties, or protects the rights, property, or personal safety of Community, other members or the public.

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Community Service, use of the Community Service, or access to the Community Service.

9. Misuse and Termination of Community Service

Without prejudice to Clause 6 we reserve the right, but not the obligation, to monitor and review the Community Service and any Content whether publicly posted or privately transmitted from time to time.

 

We reserve the right (a) to suspend or terminate your access to the Community Service, or parts of it, and/or (b) to edit, remove or discard, or require the member to edit, Content uploaded, posted, emailed or otherwise transmitted on or through the Community Service, if the relevant member or Content appears to us, at our discretion, to be in breach of any provision of this Agreement or the spirit of this Agreement, or to be bringing the Community Service or P&O Cruises into disrepute.

You agree that any suspension or termination of your access to the Community Service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Community Service. Further, you agree that we shall not be liable to you or any third party for any suspension or termination of your access to the Service.

10. Alerting 'Community'

If you see anything on the Community Service which appears to infringe this Agreement, then please contact us to inform us of it by emailing us at community@pocruises.com.

11. Links

If any third party sites are linked to the Community Service, this does not mean that we endorse or have any responsibility for the site in question or anything, which appears on it.

12. Intellectual Property

With respect to all Content you elect to post to the Community Service, you grant us a royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, and you waive your moral rights to object to any derogatory treatment, or to be identified as the author, of that Content.

You acknowledge and agree that the Community Service and any necessary software used in connection with the Community Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws.

13. Liability

You expressly acknowledge and agree that your use of the Community Service is at your sole risk. The Community Service is provided on an "as is" and "as available" basis. To the fullest extent permitted by applicable law, Community 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 services to a standard of reasonable care and skill or as to
non-infringement of any intellectual property right.

Community makes no warranty or representation that (a) the Community Service will meet your requirements, (b) the Community Service will be uninterrupted, timely, secure, or error-free, and (c) any errors in the Community Service will be corrected.

Any material downloaded or otherwise obtained through the use of the Community Service is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the downloading of any such material.

No advice or information, whether oral or written, obtained by you from us or through or from the Community Service shall create any warranty or other obligation not expressly stated in this Agreement.

14. Excluded Loss

We will not be liable to you or any third party for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business, howsoever caused (whether arising out of any negligence or breach of this Agreement or otherwise). Community will also not be liable for any failure to perform any of its obligations under this Agreement where that failure is caused by matters beyond its reasonable control.

15. Non-excluded Liabilities

Nothing in this Agreement limits Community liability for death or personal injury resulting from our negligence, or any other liability, which may not by law be limited or excluded. Any statutory rights you may have as a consumer remain unaffected.

16. Indemnity

You agree to indemnify us and our subsidiaries, affiliates, officers, agents and employees against all liabilities, claims and expenses that may arise from any breach of this Agreement by you or from any Content you submit, post to or transmit through the Community Service, your use of the Community Service, your connection to the Community Service, or your violation of any rights of another.

17. Assignment

We reserve the right to assign this Agreement, and to assign or subcontract any or all of our rights and obligations under this Agreement. You may not without the prior written consent of Community assign or dispose of this Agreement.

18. Entire Agreement

This Agreement includes our privacy policy. Together they contain the whole of the agreement between us and you concerning the Community Service and they replace all earlier agreements and understandings with you, except for any fraud or fraudulent representation by either of us. A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of this Agreement.

19. Severability

In the event that any term of this Agreement is held to be invalid or unenforceable by judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable.

20. Law

This Agreement shall be governed by and construed in accordance with the laws of England and Wales and you submit to the exclusive jurisdiction of the English courts.

21. Contact

You can contact us by post at Community, P&O Cruises, New Media Department, Richmond House, Terminus Terrace, Southampton, SO14 3PN. Please make sure you include your email address with all correspondence. You can also contact us via the Community Feedback email address: community@pocruises.com

22.General Information

Recommended Etiquette

To ensure that the Community Service remains a friendly and welcoming environment, the following guidelines of recommended etiquette have been put in place. It would be appreciated if all members respect others in their choice of words, thoughts and comments when posting all messages.

Members should not:
- repeat the same line three or more consecutive times;
- type gibberish messages (random keys);
- repeat the same character 3 or more consecutive times;
- use swear words or type in capital letters excessively. It is considered rude to conduct all your conversation in capital letters;
- "stalk", deliberately aggravate or otherwise harass another.

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