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PLEASE
READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. BY THIS
USING THIS SITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT
AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THIS SITE.
- General. This site is owned and operated by 1Cruise.com
Inc.. (referred to as "1Cruise.com Inc. or
1Cruise.com."). 1Cruise.com Inc. has the right at any time
to change or discontinue any aspect or feature of the site,
including, without limitation, the content, hours of
availability, and equipment needed for access or use of the
site.
- Equipment. You shall be responsible for obtaining and
maintaining all telephone, computer hardware and other equipment
needed for access to and use of the site and all charges related
thereto.
- Restrictions on Use.
- You shall use the site for lawful purposes only. You shall
not post or transmit through the site any material which
violates or infringes in any way upon the rights of others,
which is unlawful, threatening, abusive, defamatory,
invasive of privacy or publicity rights, vulgar, obscene,
profane or otherwise objectionable, which encourages conduct
that would constitute a criminal offense, gives rise to
civil liability or otherwise violate any law. Any
conduct by you that in 1Cruise.com Inc.'s discretion
restricts or inhibits any other user from using or enjoying
the site will not be permitted.
- The site contains copyrighted material, trademarks and
other proprietary information, including, without
limitation, text, software, photos, video, graphics, music
and sound, and the contents of the site are copyrighted
under the United States copyright laws. You may not modify,
publish, transmit, display, participate in the transfer or
sale, create derivative works, or in any way exploit, any of
the content, in whole or in part. You may download one copy
of any copyrighted material for your personal,
non-commercial home use only. Except as otherwise expressly
permitted under copyright law, no copying, redistribution,
retransmission, publication or commercial exploitation of
downloaded material will be permitted without the express
written permission of 1Cruise.com Inc. and the copyright
owner. In the event of any permitted copying, redistribution
or publication of copyrighted material, no changes in or
deletion of author attribution, trademark legend or
copyright notice shall be made. You acknowledge that you do
not acquire any ownership rights by downloading copyrighted
material.
- You shall not upload, post or otherwise make available on
the site any material protected by copyright, trademark or
other proprietary right without the express permission of
the owner of the copyright, trademark or other proprietary
right and the burden of determining that any material is not
protected by copyright rests with you. You shall be solely
liable for any damage resulting from any infringement of
copyrights, proprietary rights, or any other harm resulting
from such a submission. By submitting material to any public
area of the site, you automatically grant, or warrant that
the owner of such material has expressly granted 1Cruise.com
Inc. the royalty-free, worldwide, perpetual, irrevocable,
non-exclusive right and license to use, reproduce, modify,
adapt, publish, display, translate and distribute such
material (in whole or in part) and/or to incorporate it in
other works in any form, media or technology now known or
hereafter developed. You also permit any other user of the
site to access, view, store or reproduce the material for
that user's personal use. You grant 1Cruise.com Inc. the
right to edit, copy, display, publish and distribute any
material made available on the site by you.
- Disclaimer of Warranty; Limitation of Liability.
- YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE
RISK. NEITHER 1CRUISE.COM INC., ITS AFFILIATES NOR ANY OF
THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT
PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE
UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY
AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE,
OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION,
SERVICE OR MERCHANDISE PROVIDED THROUGH THE SITE.
- THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE
IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR
MODIFICATION UNDER APPLICABLE LAW. ADDITIONALLY, THERE ARE
NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE
SITE.
- THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR
INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR,
OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY
IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION
LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS
TO, ALTERATION OF, OR USE OF THIS SITE, WHETHER FOR BREACH
OF CONTRACT, TORTUOUS BEHAVIOR (INCLUDING STRICT LIABILITY),
NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU
SPECIFICALLY ACKNOWLEDGE THAT 1CRUISE.COM INC. IS NOT LIABLE
FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER
USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE
FOREGOING RESTS ENTIRELY WITH YOU.
- IN NO EVENT WILL 1CRUISE.COM INC., OR ANY PERSON OR ENTITY
INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE OR
THE CONTENT INCLUDED THEREIN, BE LIABLE IN CONTRACT, IN TORT
(INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL
THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES,
INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES,
INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES,
LOSS OF USE OR SIMILAR ECONOMIC LOSS, ARISING OUT OF THE USE
OF OR INABILITY TO USE THE SITE. YOU HEREBY ACKNOWLEDGE THAT
THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL USE OF AND
CONTENT ON THE SITE. APPLICABLE LAW MAY NOT ALLOW THE
LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION
MAY NOT APPLY TO YOU. IN NO EVENT SHALL 1CRUISE.COM INC 'S
TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF
ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN
NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING
STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR
ACCESSING THIS SITE.
- Indemnification. You agree to defend, indemnify and
hold harmless 1Cruise.com Inc. and its affiliates and their
respective directors, officers, employees and agents from and
against any and all claims, actions, demands, damages, costs,
liabilities, losses and expenses (including reasonable
attorneys' fees) arising out of your use of the site.
- Trademarks. 1Cruise.com Inc. logos are trademarks
of 1Cruise.com Inc.. All rights reserved. All other trademarks
appearing on the site are the property of their respective
owners.
- Third Party Content. 1Cruise.com Inc. is a distributor
(and not a publisher) of content supplied by third parties and
users of the site. Accordingly, 1Cruise.com Inc. has no
editorial control over such content. 1Cruise.com Inc. neither
endorses nor is responsible for the accuracy or reliability of
any opinion, advice or statement made on the site by anyone
other than authorized 1Cruise.com Inc. employee spokespersons
while acting in their official capacities.
- Changed Terms. 1Cruise.com Inc. has the right at any
time to change or modify the terms and conditions applicable to
use of the site, or any part thereof, or to impose new
conditions, including, without limitation, adding fees and
charges for use. Such changes, modifications, additions or
deletions shall be effective immediately upon notice thereof,
which may be given by any means including, without limitation,
posting on the site, or by electronic or conventional mail, or
by any other means. Any use of the site by you after such notice
shall be deemed to constitute acceptance of such changes,
modifications, additions or deletions.
- Miscellaneous. These terms of use constitute the entire
agreement of the parties with respect to the subject matter
hereof and supersede all previous written or oral agreements
between the parties with respect to such subject matter. These
terms of use shall be construed in accordance with the laws of
the State of Connecticut, without regard to its conflict of laws
rules. You hereby consent to the personal jurisdiction of the
State of Connecticut, acknowledge that venue is proper in any
state or Federal court in the State of Connecticut, agree that
any action related to these terms of use must be brought in a
state or Federal court in the State of Connecticut, and waive
any objection that may exist, now or in the future, with respect
to any of the foregoing. No waiver by either party of any breach
or default hereunder shall be deemed to be a waiver of any
preceding or subsequent breach or default. The section headings
used herein are for convenience only and shall not be given any
legal import.
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