Effective Date: September 8, 2021
PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR PARTICIPATION IN OUR SERVICE.
IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS FURTHER DETAILED IN SECTION 12 BELOW.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK THE “ACCEPT” BUTTON OR DOWNLOAD, INSTALL OR USE THE APPLICATION.
Introduction and Overview
Please read these Terms and Conditions (“Terms”) carefully before clicking the “Accept” button or downloading or using the MedallionClass® Mobile Application and/or the Carnival Ocean® Casino Mobile Application (collectively, the “Application”). As used herein, “Application” includes, without limitation, any services specific to the Application, applications/features contained within the Application (“Feature(s)”), software code, scripts, interfaces, graphics, displays, text, images, artwork, music or video clips, documentation and other components or content and any updates, modifications or enhancements to these items accompanying the Application or these Terms. These Terms apply to each of the Features unless otherwise specified herein. These Terms are an agreement between You and Global Experience Innovators, Inc., a wholly owned subsidiary of Carnival Corporation & plc, and their affiliates (collectively, “Carnival”, “us” and “our”). “You” and “Your” in these Terms refer to You, an individual, and/or to the company or other legal entity on whose behalf You accept these Terms.
Your use of the Application also may be governed by terms and conditions required by: (i) any applicable third party content and service providers, (ii) the manufacturer and other providers of Your Device and its hardware and software components, including its operating system, (iii) the online store or other applicable distributor through which You obtain the Application, (iv) the applicable wireless service agreement for Your Device, (v) any applicable open source or third party software license, and (vi) the terms or conditions governing Your personal accounts for web content services You access through the Application, including, without limitation, those terms listed in the “Third Party Terms” section of these Terms, collectively being referred to as the “Related Agreements”). No Related Agreement, however, shall have the effect of limiting, encumbering or otherwise restricting Carnival’s rights and remedies or Your obligations under these Terms, or waiving any restrictions on Your rights to use the Application under these Terms. These Terms shall not have the effect of limiting, encumbering or otherwise restricting Carnival’s rights and remedies or Your obligations under any Related Agreement between You and Carnival, or waiving any restrictions on Your rights under any Related Agreement between You and Carnival. You understand and agree that even if You are not the account-holder for Your Device, Your purchase and use of the Application is governed by terms and conditions in the applicable service wireless service agreement for Your Device.
If Carnival makes any updates or upgrades to the Application available to You, such updates or upgrades shall be subject to the terms and conditions of these Terms unless the Application is expressly provided to You under other, or additional terms and conditions, in which case, those other, or additional terms and conditions (which may include the payment of additional fees), shall apply.
IF YOU ARE BETWEEN THE AGES OF THIRTEEN (13) AND SEVENTEEN (17), YOU MAY USE THE APPLICATION ONLY WITH THE INVOLVEMENT OF A PARENT OR LEGAL GUARDIAN WHO AGREES TO THESE TERMS AND TO BE RESPONSIBLE FOR YOUR USE.
IF YOU ARE UNDER THE AGE OF THIRTEEN (13), YOU MAY ONLY USE THIS APPLICATION WITH THE EXPRESS CONSENT OF YOUR PARENT OR LEGAL GUARDIAN.
YOU MUST BE THE AGE OF EIGHTEEN (18) OR OVER TO USE THE OCEAN® CASINO APPLICATION.
The business realities associated with operating the Application are such that, without the conditions that are set forth in these Terms – such as Your grants and waivers of rights, the limitations on our liability, and Your indemnity to us – we would not make the Application available to You.
THE APPLICATION AND ITS FEATURES. Unless otherwise indicated in Section 2, in order to access a specific an Application Feature, You will need to be onboard a Carnival MedallionClass® vessel (“Vessel”) and access the unsecured Carnival MedallionNet® Wi-Fi Service (“Wi-Fi”) on the Vessel. Please review the Terms of Service & Acceptable Use Policy for the Carnival MedallionNet Wi-Fi Service onboard prior to accessing Wi-Fi.
You can download the Application through iTunes® or Google Play™.
The Application contains one or more of the following Features:
- Ocean® Sportsbook
You may use the Application to make purchases on the Vessel, subject to these Terms.
The following additional terms apply to Your use of each Feature, as applicable. Feature availability, requirements, and offerings are subject to change at any time.
- In order to use this Feature, You must log into the Application with Your OceanProfile® credentials.
- OceanCompass currently contains the following Wayfinding functions:
- Navigates You to Your stateroom from anywhere on the Vessel.
- You can locate where You are on the Vessel.
- Locate Shipmates (as defined below).
- You can choose to make Your location hidden to other guests outside Your travel party by selecting the option under My Preferences > OceanCompass.
- Add “Shipmates” (a Shipmate is anyone in Your travel party as well as any other guest You invite to be a shipmate in the Application).
- Parental consent required for individuals under the age of 18 to add Shipmates.
- Shipmates function allows You to chat with Your Shipmates via messaging.
- Parental consent is required for individuals under the age of 18 to chat with Shipmates outside of their travel party.
- To access and use the PlayOcean® function, You do not need to be on a Vessel or access the Wi-Fi; however, You must have a form of internet access.
- PlayOcean currently allows You to play games, including:
- To create a Tagalong® avatar, select the PlayOcean® icon in the Application and choose the Tagalong game. You can create a custom Tagalong avatar which You can interact with on the Vessel via the touch screen monitors.
- You must be logged into Your OceanProfile® account for Your custom Tagalong avatar to be saved to it.
- Games Under the Stars Must be on a Vessel to play and logged into Your OceanProfile account.
- Good Spirits® Poker Run Must be on a Vessel to play on logged into Your OceanProfile account.
- Self-guided digital scavenger hunt around the Vessel.
- Trivia on Deck Snap & Share You can take photos with an OCEAN® themed border using Your mobile device’s camera to keep or share.
There is no age restriction to access the PlayOcean® feature as all games are family friendly.
- You must log into Your OceanProfile® account to access the OceanReady® function.
- To access and use OceanReady, You do not need to be on a Vessel or access the Wi-Fi; however, You must have a form of internet access.
- You must have an active cruise booking for a Vessel to access all OceanReady functionality.
- OceanReady allows You to make pre-cruse preparation plans and profile changes.
- To access and use the OceanView® content, You do not need to be on a Vessel or access the Wi-Fi; however, You must have a form of internet access.
- Requires that You be wearing your Medallion® device.
- Currently allows You to:
- Manage food orders and drink packages.
- Food orders must be delivered on the Vessel. The credit card on file with Your folio will be charged for orders upon food delivery.
- Send or receive messages from the crew at the Front Desk messages.
- Note: All messages will be logged and stored for quality control and appropriate communication is being held between crew members and guests.
- Manage food orders and drink packages.
2.6 Ocean® Sportsbook.
- This Feature is subject to the additional terms set forth in Section 3.
- As indicated in Section 3 below, You must be logged into Your OceanProfile® account and eighteen years of age or older to access this Feature.
- This Feature is only available when the Vessel’s casino is open for normal operating hours in international waters and/or in certain jurisdictions, as determined by Carnival in its sole discretion.
- This Feature is also subject to the Ocean® Sportsbook terms.
- This Feature is subject to the additional terms set forth in Section 3.
- You must have an active cruise booking for a Vessel and logged into your OceanProfile® account to access this Feature.
- Currently allows:
- You to access the JourneyView® activities timeline (see the ship activities, events and specific events that You reserved)
- You to see your Shipmates, including those in your travel party and those outside of your travel party (as determined by booking number)
- Shipmates to see your location (if your location is turned on)
- Requires that You and your Shipmates be wearing the Medallion® device
- To turn off/on the location functionality go under My Preferences > OceanCompass
- You to chat with Shipmates
- You to see transactions you made using MedallionPay™ shoreside
All Features and their availability, functionality, and offerings are subject to change at any time, with or without notice.
CARNIVAL’s OCEAN CASINO MOBILE APPLICATION. In addition to all other Terms set forth herein, the following additional terms apply to Your use of Carnival’s Ocean® Casino Mobile Application:
YOU MUST BE THE AGE OF EIGHTEEN (18) OR OVER TO USE THE OCEAN® CASINO MOBILE APPLICATION. Carnival’s Ocean® Casino Mobile Application is available at the Apple Store, or on Android devices by visiting ocean.com/play-ocean-casino and downloading there.
In order to use the Ocean Casino Mobile Application and play in the Gambling Mode, You must have OceanProfile® credentials and be on board a Vessel, connected to the Wi-Fi, and such Vessel’s casino must be open for normal operating hours. Operating hours are subject to change.
Practice mode is free-to-play. A user must login with his/her OceanProfile credentials. The games may be played anywhere under Practice Mode. A user need not be on board a Vessel to play in Practice Mode.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN YOUR ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF CARNIVAL. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NO CLAIM, RIGHT, TITLE, OWNERSHIP OR OTHER PROPRIETARY INTEREST IN THE VIRTUAL CURRENCY OR VIRTUAL GOODS THAT YOU ACQUIRE, REGARDLESS OF THE CONSIDERATION OFFERED OR PAID IN EXCHANGE FOR VIRTUAL CURRENCY OR VIRTUAL ITEMS. FURTHERMORE, WE SHALL NOT BE LIABLE IN ANY MANNER FOR THE DESTRUCTION, DELETION, MODIFICATION, IMPAIRMENT, “HACKING,” OR ANY OTHER DAMAGE OR LOSS OF ANY KIND CAUSED TO THE VIRTUAL CURRENCY OR VIRTUAL GOODS, INCLUDING, BUT NOT LIMITED TO, THE DELETION THEREOF UPON THE TERMINATION, ABANDONMENT OR EXPIRATION OF YOUR PARTICIPANT ACCOUNT.
Gambling mode requires an OceanProfile® account. The games in Gambling Mode are only accessible on board a Vessel by a guest with OceanProfile credentials on a present journey when the casino is open. Due to itineraries, casino hours may vary from Vessel to Vessel. Each member of Your traveling party must create his or her own OceanProfile account in order to access the Ocean Casino Application and related services.
The games in the Ocean Casino Application, while in Gambling Mode, are playable using the player bank (“Player Bank”). Players must set up a Player Bank in order to upload and download credits and play the games. Each game has maximum limits to waging (“Table Limits”). Table Limits vary and are modified to best suit the guests on board. Please contact the casino staff once on board for further details.
Games in the Ocean® Casino Application are also playable in stateroom televisions on Vessels. These games require the Player Bank setup and login. These games do not require an OceanProfile® account.
Winnings must be cashed out from Your Player Bank account at the Casino Cashier’s Desk no later than the last night of Your cruise.
Users are responsible for all tax obligations. Tax obligations are managed by the Casino Management System. The Player Bank is locked until the user fills out the Casino Management System tax form.
IN ORDER TO ACCESS OR USE THE FEATURES OF THE OCEAN CASINO APPLICATION IN GAMBLING MODE, YOU MUST BE ON BOARD AN OCEAN MEDALLION CLASS VESSEL AND MEET THE AGE AND OTHER REQUIREMENTS SET FORTH ABOVE.
You cannot access the Ocean Casino Mobile Application using “quick access” and You must use an email to log into the Carnival Ocean Casino Mobile Application. For details on how to set up an OceanProfile, click “join Ocean” button in the Ocean® Casino Application or “sign up” in the MedallionClass® Application.
Your username will be Your cruise Folio number and Your password will be the month and day of Your birth (mm/dd) and You agree that: (i) You will not use a username (or e-mail address) that is already being used by someone else, may impersonate another person, belongs to another person, violates the intellectual property or other right of any person or entity, or is offensive. We may reject the use of any password, username, or e-mail address for any other reason in our sole discretion; (ii) You will provide true, accurate, current, and complete registration information about Yourself in connection with the registration process and, as permitted, to maintain and update it including on Your Profile Page, continuously and promptly to keep it accurate, current, and complete; (iii) You are solely responsible for all activities that occur under Your account, password, and username – whether or not You authorized the activity; (iv) You are solely responsible for maintaining the confidentiality of Your password and for restricting access to Your Device so that others may not access any password protected portion of the Application using Your name, username, or password; (v) You will immediately notify us of any unauthorized use of Your account, password, or username, or any other breach of security; (vi) You will not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and You will not post private or confidential information via the Application, including, without limitation, Your or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses; (vii) You will not use the Application for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to Your use of the Application and Your Content (defined below), including but not limited to, copyright laws; (viii) You will not interfere or disrupt the Application or servers or networks connected to the Application, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature; and (ix) You will not sell, transfer, or assign Your account or any account rights.
We will not be liable for any loss or damage (of any kind and under any legal theory) to You or any third party arising from Your inability or failure for any reason to comply with any of the foregoing obligations.
If any information that You provide, or if we have reasonable grounds to suspect that any information that You provide, is false, inaccurate, outdated, incomplete, or violates any applicable terms or conditions or law, then we may suspend or terminate Your account. We also reserve the more general and broad right to terminate Your account or suspend or otherwise deny You access to it or its benefits – all in our sole discretion, for any reason, and without advance notice or liability.
LICENSE GRANT AND USE RESTRICTIONS.
- 4.1 License Grant. Subject to the restrictions set forth in Section 4.2, Carnival grants You a personal, revocable, non-exclusive, non-transferable, limited right to install and use one copy of the Application on a single device owned and controlled by You (“Device”), and to access and use the Application on such Device solely for Your personal entertainment use, strictly in accordance with the terms and conditions of these Terms, the Related Agreements, and all applicable local, national, and international laws and regulations. You represent, warrant and agree that You are using the Application solely for Your own personal entertainment use and not for redistribution or transfer of any kind.
- 4.2 Restrictions on Use. You shall not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Application, even for research purposes; (b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the Application; (c) violate any applicable laws, rules or regulations in connection with Your access or use of the Application; (d) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Carnival or its collaborators, suppliers or licensors; (e) use the Application in a manner that derives revenue directly from such use, or use the Application for any other purpose for which it is not designed or intended; (f) install, use or permit the Application to exist on more than one Device at a time or on any other mobile device or computer; (g) distribute the Application to multiple Devices; (h) make the Application available over a network or other environment permitting access or use by multiple Devices or users at the same time; (i) use the Application for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for any services, product or software offered by Carnival; (j) use the Application to send automated queries to any website or to send any unsolicited commercial e-mail; (k) use any proprietary information or interfaces of Carnival or other intellectual property of Carnival in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the Application; (l) circumvent, disable or tamper with any security-related components or other protective measures applicable to the Application or the Device; or (m) reproduce, archive, retransmit, distribute, disseminate, sell, lease, rent, exchange, modify, broadcast, synchronize, publicly perform, publish, publicly display, make available to third parties, transfer or circulate the Application. You agree to abide by the rules and policies established from time to time by Carnival. Such rules and policies may include, for example, required or automated updates, modifications, and/or reinstallations of the Application and obtaining available patches to address security, interoperability or performance issues. These obligations survive termination of these Terms.
INTELLECTUAL PROPERTY RIGHTS.
- 5.1 Rights to Application. You acknowledge and agree that the Application, any copies thereof (including without limitation any copy that You download, install, or use on Your Device), and all copyrights, patents, trademarks, trade secrets and other intellectual property rights associated therewith are, and shall remain, the property of Carnival or its collaborators, licensors, or suppliers. Furthermore, You acknowledge and agree that the source and object code of the Application and the format, directories, queries, algorithms, structure and organization of the Application are the intellectual property and proprietary and confidential information of Carnival and its collaborators, licensors and suppliers. Title to the Application shall remain with Carnival. Carnival and its collaborators, licensors, and suppliers reserve the right to change, suspend, terminate, remove, impose limits on the use of or access to, disable access to, or require the return of the Application (or any copy thereof) at any time without notice and will have no liability for doing so. Except as expressly stated in these Terms, You are not granted any intellectual property rights in or to the Application by implication, estoppel or other legal theory, and all rights in and to the Application not expressly granted in these Terms are hereby reserved and retained by Carnival. These obligations survive termination of these Terms.
- 5.2 Carnival Corporation Intellectual Property. Carnival Corporation and its affiliates own all right, title and interest in and to, or have the right to use and license, all trademarks, service marks, and trade names and copyrights included in the Application (“Carnival Corporation Marks”). You are not authorized to use the Carnival Corporation Marks in any advertising, publicity or in any other commercial manner without the prior written consent of Carnival Corporation, which may be withheld for any or no reason. These obligations survive termination of these Terms.
- 5.3 Open Source Software. The Application may utilize or include third party software that is subject to open source license terms (“Open Source Software”). You acknowledge and agree that Your right to use such Open Source Software as part of the Application is subject to and governed by the terms and conditions of any applicable open source license, including, without limitation, any applicable acknowledgements, license terms and disclaimers contained therein (collectively, the “Open Source License Terms”). In the event of a conflict between the terms of these Terms and the Open Source License Terms, the Open Source License Terms shall control.
NO RESPONSIBILITY FOR THIRD PARTY CONTENT AND SERVICES.
- 6.1 General. You acknowledge that the Application may permit access to products, services, websites, advertisements, promotions, recommendations, advice, information, and materials created and provided by advertisers, publishers, content collaborators, marketing agents, vendors and other third parties (“Third Party Content and Services”).
- 6.2 Disclaimer. You acknowledge that Carnival does not investigate, monitor, represent or endorse the Third Party Content and Services (including any third party websites accessed through the Application). Furthermore, Your access to and use of the Third Party Content and Services is at Your sole discretion and risk, and Carnival shall have no liability to You arising out of or in connection with Your access to and use of the Third Party Content and Services. Third parties may collect information about You and Your Device if You choose to use Third Party Content and Services. Carnival and its collaborators, suppliers, and licensors are not responsible for third parties’ data collection practices. Carnival encourages You to review the third parties’ privacy policies.
- 6.3 Third Party Terms of Service. You acknowledge and agree that Your access to and use of the Third Party Content and Services and any correspondence or business dealings between You and any third party using the Application are governed by and require Your acceptance of the terms of service of such third party, including, without limitation, any terms, privacy policies, conditions, representations, warranties or disclaimers contained therein. You assume all risks arising out of or resulting from Your transaction of business over the Internet and with any third party, and You agree that Carnival and its collaborators, suppliers, and licensors are not responsible or liable for any loss or result of the presence of information about or links to such advertisers or service providers. Furthermore, You acknowledge and agree that these Terms do not grant You any license to: (i) the Third Party Content and Services; (ii) any products, services, processes or technology described in or offered by the Third Party Content and Services; or (iii) any copyright, trademark, patent or other intellectual property right in the Third Party Content or Services or any products, services, processes or technology described or offered therein. You agree that You will not use Third Party Content or Services in a manner that would infringe or violate the rights of any other party, and that Carnival and its collaborators, suppliers, and licensors are not in any way responsible for any such use by You.
- 6.4 Endorsements. You acknowledge and agree that the provision of access to any Third Party Content and Service shall not constitute or imply any endorsement by Carnival of such Third Party Content and Services. Carnival reserves the right to restrict or deny access to any Third Party Content and Services otherwise accessible through the Application, although Carnival has no obligation to restrict or deny access even if requested by You.
- 6.5 Inaccurate or Inappropriate Materials. You understand that by accessing and using the Third Party Content and Services, You may encounter information, materials and subject matter (i) that are incomplete or inaccurate; (ii) that You or others may deem offensive, indecent, or objectionable; (iii) which may or may not be identified as having explicit language, and (iv) that automatically and unintentionally appears in search results, as a link or reference to objectionable material. Notwithstanding the foregoing, You agree to use the Third Party Content and Services at Your sole risk and that Carnival and its collaborators, suppliers, and licensors shall have no liability to You for information, material or subject matter that is found to be incomplete, inaccurate, offensive, indecent, or objectionable.
TERMS OF SALE
7.1 Ordering and Payment. By providing a credit or debit card or other payment method accepted by Carnival, You represent and warrant that You are authorized to use the designated payment method, and You authorize us (or our third-party payment processor) to charge Your payment method for the total amount of Your order (including any applicable taxes and other charges detailed at checkout). If the payment method You provide cannot be verified, is invalid or is otherwise not acceptable, Your order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with Your order.
Products and services are available for purchase on the Application with a credit or debit card or other permitted payment method (“Your Stored Card”). The products include, without limitation, accessories for Your Medallion® device, such as necklaces and watchbands which are designed to hold Your Medallion device. Some purchases of products from Carnival may be subject to a shipment contract. This means that the risk of loss and title for such products pass to You upon our delivery to the carrier. For applicable purchases, we will not charge Your Stored Card until after Your order has entered the shipping process. Purchases are subject to the Terms of Sale contained herein.
Carnival reserves the right to reject all or part of an order and may refuse to ship products to You for reasons such as: (a) if we detect suspicious or fraudulent activity (including unauthorized reseller activity) in violation of these Terms; (b) if You do not live in a country from which products may be purchased; or (c) if You order more than the permitted maximum number of products.
7.2 Prices and Taxes. The product price displayed on the store does not include any shipping charges. Information about shipping charges will be presented at checkout before You place Your order. All prices displayed on the store are subject to change at any time without notice.
When You place Your order, we estimate the tax and include that estimate in the total for Your convenience. The actual tax amount that will be applied to Your order and charged to Your payment method is based on calculations on the date of shipment, regardless of when the order was placed.
When ordering goods for delivery to countries other than the US, You may have to pay import duties and taxes levied. These and any additional charges for customs clearance must be borne by You. When ordering from us, the recipient is the importer of record and must comply with all laws and regulations of the destination country.
Applicable taxes will be presented at checkout or on the product description page, and such taxes are estimated and may be subject to change until You are charged on the date of shipment.
7.3 Delivery. If Your order is returned to Carnival, You will not be charged for the product (or charges already incurred will be reversed using the initial payment method in Your Carnival Payments account), but You may be charged for shipping (and such charges may not be reversed). If a product is not successfully delivered because we or a delivery agent made a mistake, a replacement order will be processed or You will not be charged at all and all charges will be reversed.
If You do not receive Your product, please contact Customer Service Representative at 1-844-525-0942.
If You do not receive Your order after Carnival has made 2 delivery attempts (for example the package has been lost or stolen before You receive it), Carnival may require a signature confirmation on the delivery and will replace the product as opposed to issue a refund.
Any delivery dates or times provided by Carnival (or a delivery agent) are estimates only and are not guaranteed.
7.4 Availability and Order Limits. All products and services offered on the store and/or onboard Vessels are subject to availability. We reserve the right to discontinue offering certain products and services without prior notice.
Certain products have quantity limits. You may not order more than the maximum number of products that we specify on a product page, on a Vessel, or in a product description. For example, the product description or product page may contain a maximum order limit for a particular product.
- 7.5 Pricing Mistakes. We try very hard to make sure there are no mistakes in the prices that appear on the OCEAN® Store or onboard our Vessels. In the unlikely event that a mistake happens, You agree that Carnival will not be bound by that incorrect price and may cancel Your order. If a mistake is discovered and You haven't been charged yet, we will let You know the correct price, and You will be given the option to continue with Your order at the correct price or cancel it.
- 7.6 Promotions. Carnival may offer promotions or promotional prices for the sale of products. If so, any terms applicable to such promotional offers or prices will govern the offer. Any advertised offers or promotions may be changed or revoked at any time.
- 7.7 Import and Export. The product may be subject to import and export laws and regulations in the United States and elsewhere. You must comply with all domestic and international import and export laws and regulations that apply in connection with the product. These laws may include restrictions on destinations, users, and end use.
- 7.8 Gifts. You may only purchase products for personal use. You may not resell any product, but You may give the product as a gift.
- 7.9 Refunds, Returns, Exchanges. All sales are final. No refunds, returns or exchanges unless stated otherwise within these Terms.
7.10 Defects; Disclaimer of Warranties. If You have a defective product, please contact a Customer Service Representative at 1-844-525-0942.
If Carnival provides You with a replacement product, You agree that Carnival may exchange the defective product with a new or refurbished product. If Carnival provides You with an advanced replacement product before we receive Your defective product, and You do not return the defective product within the time communicated to You in notification emails, You authorize Carnival to charge Your original form of payment for the full value of the replacement product.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CARNIVAL EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING ANY PRODUCTS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
7.11 Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CARNIVAL AND ITS SUBSIDIARIES AND AFFILIATES, INCLUDING SUPPLIERS (COLLECTIVELY, "CARNIVAL PARTIES") SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY (WHETHER CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU IN CONNECTION WITH THE PRODUCT OR THESE TERMS, INCLUDING ANY LOSS OF DATA, WHETHER OR NOT A CARNIVAL PARTY OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CARNIVAL PARTIES' TOTAL LIABILITY IN CONNECTION WITH THE PRODUCT OR THESE TERMS WILL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO CARNIVAL UNDER THESE TERMS.
Some states or countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You.
- 7.12 Changes to the Terms of Sale. The Terms of Sale in effect at the time You place an order for the product will apply to such order and product. Carnival reserves the right to make changes to these Terms of Sale from time to time, and any such changes will apply to future orders. Carnival will notify You of any changes to these Terms using the e-mail address provided by You in Your OceanProfile.
- 7.13 Events Beyond Reasonable Control. Neither party will be responsible for any delay or failure to comply with these Terms of Sale if the delay or failure arises from any cause which is beyond its reasonable control.
- TERM AND TERMINATION. These Terms shall be effective until terminated. Carnival may, in its sole and absolute discretion, at any time and for any or no reason, suspend or terminate these Terms and the rights afforded to You hereunder with or without prior notice. Furthermore, if You fail to comply with any terms and conditions of these Terms, then these Terms and any rights afforded to You hereunder shall terminate automatically, without any notice or other action by Carnival. Upon the termination of these Terms, You shall cease all use of the Application and uninstall the Application. Carnival may, without notice to You, disable the Application. Carnival will not be liable to You or any third party for compensation, indemnity, or damages of any sort as a result of terminating these Terms in accordance with its terms, and termination of these Terms will be without prejudice to any other right or remedy Carnival may have, now or in the future. These obligations survive termination of these Terms.
DISCLAIMER OF WARRANTIES. YOU ACKNOWLEDGE AND AGREE THAT THE APPLICATION, INCLUDING ALL CONTENT CONTAINED THEREIN OR ACCESSED THEREBY, IS PROVIDED ON AN “AS IS’ AND “AS AVAILABLE” BASIS, AND THAT YOUR USE OF OR RELIANCE UPON THE APPLICATION AND ANY THIRD PARTY CONTENT AND SERVICES ACCESSED THEREBY IS AT YOUR SOLE RISK AND DISCRETION. CARNIVAL AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND GUARANTIES REGARDING THE APPLICATION AND THIRD PARTY CONTENT AND SERVICES, WHETHER ORAL, EXPRESS, IMPLIED OR STATUTORY, AND WHETHER ARISING BY LAW, STATUTE, USAGE OF TRADE, CUSTOM, COURSE OF DEALING OR PERFORMANCE OF THE PARTIES, OR THE NATURE OR CONTEXT OF THESE TERMS, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FURTHERMORE, CARNIVAL AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE APPLICATION OR THIRD PARTY CONTENT AND SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE APPLICATION OR THIRD PARTY CONTENT AND SERVICES WILL BE UNINTERRUPTED, ACCURATE, RELIABLE, TIMELY, SECURE, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS OR ERROR-FREE; (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH THE APPLICATION WILL BE AS REPRESENTED OR MEET YOUR EXPECTATIONS; OR (IV) ANY ERRORS IN THE APPLICATION OR THIRD PARTY CONTENT AND SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CARNIVAL OR FROM THE APPLICATION SHALL CREATE ANY REPRESENTATION, WARRANTY OR GUARANTY. FURTHERMORE, YOU ACKNOWLEDGE THAT CARNIVAL AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS HAVE NO OBLIGATION TO CORRECT ANY ERRORS OR OTHERWISE SUPPORT OR MAINTAIN THE APPLICATION. YOU ACKNOWLEDGE THAT THE APPLICATION IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE PERFORMANCE OF, USE OR MISUSE OF, FAILURE OF, OR ERRORS OR INACCURACIES IN THE CONTENT, DATA OR INFORMATION PROVIDED BY, THE APPLICATION COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL, PROPERTY, OR ENVIRONMENTAL DAMAGE. CARNIVAL AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS DO NOT WARRANT THAT THE APPLICATION WILL BE COMPATIBLE OR INTEROPERABLE WITH YOUR DEVICE OR ANY OTHER PIECE OF HARDWARE, SOFTWARE, EQUIPMENT OR DEVICE INSTALLED ON OR USED IN CONNECTION WITH YOUR DEVICE. FURTHERMORE, YOU ACKNOWLEDGE THAT COMPATIBILITY AND INTEROPERABILITY PROBLEMS CAN CAUSE THE PERFORMANCE OF YOUR DEVICE TO DIMINISH OR FAIL COMPLETELY, AND MAY RESULT IN PERMANENT DAMAGE TO YOUR DEVICE, LOSS OF THE DATA LOCATED ON YOUR DEVICE, AND CORRUPTION OF THE SOFTWARE AND FILES LOCATED ON YOUR DEVICE. YOU ACKNOWLEDGE AND AGREE THAT CARNIVAL AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, SHALL HAVE NO LIABILITY TO YOU FOR ANY LOSSES SUFFERED, RESULTING FROM OR ARISING IN CONNECTION WITH COMPATIBILITY OR INTEROPERABILITY PROBLEMS. SHOULD THE APPLICATION PROVE DEFECTIVE, YOU ASSUME THE ENTIRE BURDEN OF ALL NECESSARY EXPENSES, SERVICING, REPAIR, OR CORRECTION. THIS SECTION SHALL SURVIVE TERMINATION OF THESE TERMS.
NOTWITHSTANDING AND WITHOUT WAIVING THE FOREGOING, THE TERMS AND CONDITIONS OF THE RELATED AGREEMENTS MAY PROVIDE LIMITED REMEDIES TO YOU.
- LIMITATION OF LIABILITY. EXCEPT TO THE EXTENT PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES SHALL CARNIVAL, ITS COLLABORATORS, SUPPLIERS OR LICENSORS, NOR THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE FOR ACCIDENTS, PROPERTY DAMAGE, PERSONAL INJURY, DEATH, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SALE OR DISTRIBUTION OF, THE PERFORMANCE OR NON-PERFORMANCE, OR YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE APPLICATION AND ANY THIRD PARTY CONTENT AND SERVICES, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT SUCH PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CARNIVAL’S AGGREGATE LIABILITY TO YOU (WHETHER UNDER CONTRACT, TORT, STATUTE OR OTHERWISE) SHALL NOT EXCEED THE GREATER OF: (i) THE INITIAL PURCHASE PRICE PAID BY YOU FOR THE APPLICATION, (ii) THE AGGREGATE AMOUNT YOU PAID TO CARNIVAL FOR THE APPLICATION DURING THE ONE (1) MONTH PRECEDING THE DATE THAT THE CLAIM ARISES, OR (iii) TWO DOLLARS ($2.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THIS SECTION SHALL SURVIVE TERMINATION OF THESE TERMS.
- INDEMNIFICATION. You shall indemnify, defend (at our option) and hold harmless Carnival and its collaborators, suppliers and licensors, and their officers, directors, agents and employees (the “Indemnified Parties”) from and against any claim, proceeding, loss, damage, fine, penalty, interest and expense (including, without limitation, fees for attorneys and other professional advisors) arising out of or in connection with the following: (i) Your access to or use of this Application or Third Party Content and Services; (ii) Your breach of these Terms; (iii) Your violation of law; (iv) Your negligence or willful misconduct; (v) Your violation of the rights of a third party; (vi) any misrepresentation made by You; and (vii) our use of the information that You submit to us. You will promptly notify Carnival in writing of any third-party claim arising out of or in connection with Your access to or use of the Application. These obligations survive termination of these Terms.
DISPUTE RESOLUTION BY BINDING ARBITRATION
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
Most customer concerns can be resolved quickly and to the customer's satisfaction by contacting our customer service department at 1-844-525-0942. In the unlikely event that our customer service department is unable to resolve a complaint You may have to Your satisfaction (or if we have not been able to resolve a dispute it has with You after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction. The arbitration will be governed by the Commercial Arbitration Rules of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA in Miami, Florida. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted.
- MISCELLANEOUS. The following provisions survive termination of these Terms:
- 13.1 Governing Law, Limitation on Actions. This Application is controlled and operated by Carnival from its offices within the State of Florida, United States of America. Carnival makes no representation that materials in the Application are appropriate or available for use in other locations. These terms shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Miami-Dade County and You hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
- 13.2 Severability. If any provision of these Terms is held to be invalid or unenforceable with respect to a party, the remainder of these Terms, or the application of such provision to persons other than those to whom it is held invalid or unenforceable, shall not be affected and each remaining provision of these Terms shall be valid and enforceable to the fullest extent permitted by law.
- 13.3 Waiver. Except as provided herein, the failure to exercise a right or require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute waiver of any subsequent breach.
- 13.4 Modification or Amendment. Carnival reserves the right to modify or discontinue, temporarily or permanently, at any time and from time to time, the Application (or any function or feature of the Application or any part thereof, including but not limited to rates and charges) with or without notice. You agree that Carnival will not be liable to You or to any third party for any such modification, suspension or discontinuance of the Application. These Terms may be updated or changed from time to time, as determined by Carnival in its sole discretion. Carnival will provide notice of changes to the Terms in any manner acceptable by law, including by posting them to the Application, onboard website or at such other website as Carnival may designate. Any changes or modifications will be effective immediately upon such notice, and You waive any right You may have to receive specific notice of such changes or modifications. Your use of the Application following updates or a change to these Terms constitutes Your acceptance of those changes; therefore, You should frequently review these Terms to understand the terms and conditions that apply to Your use of the Application. If You do not agree to the revisions, You must terminate Your use of the Application immediately.
- 13.5 Survival. Any provisions of these Terms which by their express language or by their context are intended to survive the termination of these Terms shall survive such termination.
- 13.6 Third Party Beneficiaries. Except as explicitly provided in these Terms or in the Related Agreements, nothing contained in these Terms is intended or shall be construed to confer upon any person (other than the parties hereto) any rights, benefits or remedies of any kind or character, or to create any obligations or liabilities of a party to any such person.
- 13.7 No Transfer by You. You may not rent, lease, lend, sublicense, assign or transfer the Application, these Terms or any of the rights granted hereunder. Any attempted transfer in contravention of this provision shall be null and void and of no force or effect. These obligations survive termination of these Terms. Carnival may assign these Terms without restriction.
- 13.8 Copyright Complaints. Carnival respects the intellectual property rights of others. If You believe that Your work has been copied and has been posted, stored or transmitted by or through the Application in a way that constitutes copyright infringement, please submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Carnival’s Copyright Agent the following written information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that You claim has been infringed upon;
- A specific description of where the material that You claim is infringing is located;
- Your address, telephone number, and e-mail address;
- A statement by You that You have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.
Carnival’s Copyright Agent for notice of claims of copyright infringement relating to the Application can be reached as follows:
Attn: General Counsel
3655 NW 87th Avenue
Miami, Florida 33178-2428
For more information about Carnival’s copyright protection practices under the DMCA and for information on how to contact Carnival’s DMCA agent, please contact firstname.lastname@example.org.
- 13.9 Entire Agreement. These Terms including the documents incorporated herein by reference constitute the entire agreement with respect to the use of the Application licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter.
- 13.10 Fraud. Fraud or abuse relating to the registration process, providing of personal information, gambling or redemption of prizes is a violation of these Terms. You are solely responsible for any fraudulent use that may occur due to the theft of or sharing of Your password. You agree to immediately notify us of any unauthorized use of Your account or any other breach of security known to You. We reserve the right to terminate or suspend Your participation in the Application and/or void Your prizes if You engage in fraudulent activity or otherwise use this Application other than in accordance with these Terms and applicable law. ANY ATTEMPT BY ANY USER OR ANY OTHER INDIVIDUAL OR ENTITY TO DAMAGE THE APPLICATION OR UNDERMINE THE LEGITIMATE OPERATION OF THE APPLICATION IS A VIOLATION OF THESE TERMS. WE RESERVE THE RIGHT TO INVESTIGATE ANY SUSPICIOUS ACTIVITY AND TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
13.11 Third Party Terms. The below Third Party Terms are incorporated herein and made part of these Terms: Apple and Google.
APPLE: Additional provisions and Usage Rules required by Apple, Inc. (“Apple”) may be found at www.apple.com/legal/itunes/appstore/us/terms.html. If Your Device is manufactured by Apple or if You obtain the downloadable Application through iTunes, You and Carnival acknowledge and agree that Apple and its subsidiaries are third party beneficiaries to these Terms, and that, upon Your acceptance of the terms and conditions of these Terms, Apple will have the right to enforce these Terms against You in its capacity as a third party beneficiary to these Terms. APPLE SHALL HAVE NO RESPONSIBILITY FOR ANY CLAIMS MADE BY YOU OR ANY THIRD PARTY RELATED TO THE APPLICATION OR YOUR USE OR POSSESSION OF THE APPLICATION, INCLUDING, BUT NOT LIMITED TO: (i) PRODUCT LIABILITY CLAIMS, (ii) ANY CLAIM THAT THE APPLICATION FAILS TO CONFORM TO ANY APPLICABLE LEGAL OR REGULATORY REQUIREMENT, (iii) CLAIMS ARISING UNDER CONSUMER PROTECTION OR SIMILAR LEGISLATION, OR (iv) ANY CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE OF THE APPLICATION TO CONFORM TO ANY WARRANTY, EXPRESS OR IMPLIED. IF YOU HAVE PAID ANY FEE TO APPLE FOR USE OF THE APPLICATION, IN THE EVENT OF ANY FAILURE OF THE APPLICATION TO CONFORM TO ANY APPLICABLE WARRANTY, YOU MAY NOTIFY APPLE, AND APPLE WILL, AS YOUR SOLE AND EXCLUSIVE REMEDY, REFUND TO YOU THE PURCHASE PRICE PAID, IF ANY, FOR THE APPLICATION. APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE APPLICATION.
GOOGLE: Additional provisions and Usage Rules required by Google Inc. (“Google”) may be found at https://play.google.com/intl/en_us/about/play-terms.html. If Your Device is manufactured by Google or if You obtain the downloadable Application through Google Play, You and Carnival acknowledge and agree that Google and its subsidiaries are third party beneficiaries to these Terms, and that, upon Your acceptance of the terms and conditions of these Terms, Google will have the right to enforce these Terms against You in its capacity as a third party beneficiary to these Terms.