MOBILE APPLICATION TERMS & CONDITIONS
Effective Date: May 25, 2018
If you'd like to review our Privacy Notice for Mobile Apps, please refer to Carnival's Privacy Notice.
End User License Agreement for CARNIVAL MOBILE APPLICATION
IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT CLICK THE
“ACCEPT” BUTTON OR DOWNLOAD, INSTALL OR USE THE APPLICATION.
Introduction and Overview
Please read this end user software license agreement (“License”) carefully before clicking the
“Accept” button or downloading or using the Carnival Mobile Application (“Application”
or “App”). As used herein, “Application” includes, without limitation, any
services specific to the Application, 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 this License. These terms are an
agreement between You and Carnival Cruise Lines (“Carnival,” “us,” and
“our”) and its affiliates (individually and collectively,
“Carnival”). “You,” “Your” and “Licensee” in this
License refer to You, an individual, and/or to the company or other legal entity on whose behalf You accept
this License.
TO USE MANY OF THE FEATURES OF THIS APP, YOU MUST BE ON BOARD A CARNIVAL VESSEL.
This Application is licensed to You by Carnival for use strictly in accordance with the terms and conditions of
this License. By clicking the “accept” button or downloading or using the Application, You are entering
into and agreeing to be bound by the terms of this License, the Carnival Terms and Conditions located on the
Terms and Conditions page, and the Carnival
Privacy Notice located on the Privacy Notice page; each as
amended from time to time, and which policies are incorporated herein by reference. If there are
any inconsistencies between this License and the Carnival Terms and Conditions, this License takes precedence
with respect to the Application. If at any time after reviewing the Application You wish to terminate this
License, You must un-install and remove the Application from Your Device, and delete any copy of the Application
in Your possession.
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 ((i) through (vi), including
without limitation those terms listed in the “Third Party Terms” section of this License,
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 this License, or waiving any restrictions on Your rights to use the Application under this
License. This License 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 this License 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 THIS APPLICATION ONLY WITH THE INVOLVEMENT OF A PARENT OR GUARDIAN WHO AGREES TO
THESE TERMS AND TO BE RESPONSIBLE FOR YOUR USE.
IF YOU ARE UNDER THE AGE OF 13, YOU MAY ONLY USE THIS APPLICATION WITH THE EXPRESS CONSENT OF YOUR
PARENT OR LEGAL GUARDIAN.
Your Parent or Legal Guardian can provide Carnival with their consent in the following ways:
- Using a credit card, debit card, or other online payment system that provides notification
of each separate transaction to the account holder;
- Providing consent when granting You authority to make charges to Your parent’s Sail
& Sign account;
- If onboard a Carnival Vessel, providing a copy of a form of government issued ID to Guest
Services.
Each time You access and/or use the Application (other than to simply read the terms and conditions of this
License), You agree to be bound by and comply with the terms and conditions of this License, the Carnival Terms
and Conditions, the Carnival Mobile App Privacy Notice and any other applicable terms and conditions set forth
in any Related Agreements. DO NOT USE THIS APPLICATION IF YOU DO NOT AGREE.
The business realities associated with operating the Application are such that, without the conditions that are
set forth in this License – 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.
THIS LICENSE IS SUBJECT TO THE ARBITRATION PROVISION INCLUDED IN SECTION 11 OF THIS LICENSE.
1. THE APPLICATION: In order to access the
Application while aboard Carnival Vessels (“Vessels”), You will need access to the unsecured
Carnival Wi-Fi Service (“Wi-Fi”). Please review the Terms of Service & Acceptable Use Policy for
the Carnival Wi-Fi Service onboard prior to accessing Wi-Fi.
The Application allows You to effortlessly find up-to-date information about Your Carnival cruise:
- Before check-in, countdown to Your cruise and share the application with Your friends.
- After check-in, when You log in with WiFi, You will be able to access information regarding
onboard activities, restaurants, menus, open times, entertainment, ports of call, spa
services, and shopping.
You can also:
- Create an online profile. You can choose an avatar from Facebook or Your phone image library
and whether to make Your profile public or private.
- View ship messages and announcements
- See what's happening every minute of every day
- Save favorite activities to one convenient list
- If You purchase the Application Chat function, You can add other cruisers who have also
purchased the Application Chat function to Your contacts and Chat with them during Your
cruise.
Voice, data and messaging rates may apply when You use this Application.
1.1 CONSENT TO USE LOCATION INFORMATION: By using this Application, You agree that Carnival may
collect and share Your Location Information for such purpose. If You do not want Your Location Information
collected either do not download/use the Application or You may modify Your Device settings to disable
collection of Your Location Information.
1.2 CONSENT TO DISCLOSE PERSONAL INFORMATION: This Application allows You to create a Profile in
which You can share Your name, Your cruise itinerary, plans, and other information regarding Your cruise. This
Application also allows You to view some of the Personal Information of the contact that You add to Your
Profile. In addition, if You elect to purchase the Application Chat function, You can communicate with contacts
that You add to Your profile. You and the contact with whom You communicate will be able to view past Chats. You
consent to the display of Your personal information, including without limitation Your name, photo, or other
information, by the Application.
2. LICENSE GRANT AND USE RESTRICTIONS.
2.1 License Grant. Subject to the restrictions set forth in Section 2.2, 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 this License, 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.
2.2 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 this License.
3. INTELLECTUAL PROPERTY RIGHTS.
3.1 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 this License, 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 this License are hereby reserved and retained by Carnival.These obligations survive
termination of this License.
3.2 Carnival Marks. Carnival owns all right, title and interest in and to all trademarks,
service marks, and trade names included in the Application. For additional information about Carnival’s
copyright, trademark and other intellectual property rights, please visit Carnival's Legal
Copyright & Trademark page. You are not authorized to use the Carnival Marks in any advertising,
publicity or in any other commercial manner without the prior written consent of Carnival, which may be withheld
for any or no reason. These obligations survive termination of this License.
3.3 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 this License and the Open Source License Terms,
the Open Source License Terms shall control.
4. NO RESPONSIBILITY FOR THIRD PARTY CONTENT AND SERVICES.
4.1 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”).
4.2 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.
4.3 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 this
License does 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.
4.4 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.
4.5 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.
5. ACCOUNTS, PROFILES AND SOCIAL FEATURES
5.1 Accounts. In order to access or use the features on the Service, You must be onboard a
Vessel. The Application’s practices governing any resulting collection and use of Your personal
information are disclosed in its Privacy Notice. IF YOU ARE UNDER THE AGE OF THIRTEEN (13) THEN CARNIVAL
MUST OBTAIN VERIFIABLE CONSENT FROM YOUR PARENTS BEFORE YOU CAN REGISTER AS A USER, CREATE A PROFILE PAGE,
SUBMIT PERSONAL INFORMATION TO US, OR OTHERWISE USE THIS APPLICATION. FOR INFORMATION ON THIS PROCESS, SEE
GUEST SERVICES ON BOARD.
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 App, 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 App 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 App and your Content (defined below), including but not limited to, copyright
laws; (viii) You will not interfere or disrupt the App or servers or networks connected to the App, 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.
5.2 Profiles. When You are on board Your Vessel, You can create a Profile. To create a Profile,
You must be logged in to the Vessel’s Wi-Fi. Click here for
terms and conditions related to the Carnival Wi-Fi Service. You must enter Your cruise Folio number, and the
month and day of Your birth (mm/dd). You may be able to create a nickname and/or choose a profile
picture. However, if You choose to submit photographs to the Application or include other images of real people,
then make sure they are of You or of You and someone You know – and only if You have their express
permission to submit it. EACH MEMBER OF YOUR TRAVELING PARTY MUST CREATE HIS OR HER OWN PROFILE IN ORDER TO
ACCESS THE APP AND RELATED SERVICES.
Without limiting the foregoing, Profile Pages may not include content that You are attempting to sell through the
Application, and cannot be used to conduct commercial activities, including, but not limited to, transactions,
advertising, fundraising, contests or other promotions absent our prior written consent. We may offer You the
ability to set preferences relating to Your profile or Application activities, but settings may not become
effective immediately or be error free, and options may change from time-to-time. We assume no responsibility or
liability for users’ Profile material.
We do not review Profile Pages to determine if they were created by an authorized person or an appropriate party,
and we are not responsible for any unauthorized Profile Pages that may appear on the Application. If there is
any dispute as to whether a Profile Page has been created or is being maintained by an authorized representative
of the individual who is the subject of that Profile Page, then we shall have the sole right, but are not
obligated, to resolve such dispute as we determine is appropriate in our sole discretion. Such resolution may
include, without limitation, deleting or disabling access to Profile Pages, or any portion thereof, at any time
without notice.
5.3 Family and Friends. The Family and Friends feature allows You to plan Your shipboard
activities with Your Family and Friends and other guests and to Chat with each other with the Chat function.
Each person must purchase their own subscription for the Carnival Chat function in order to utilize this
feature. You can add family members and friends to Your contacts. Family and Friends can share itinerary and
activity information.
To invite Family or Friends who have their own App Profiles, You will need to sign in to the App and send Your
Family Member or Friend an invitation to their e-mail address. When a Family Member or Friend accepts Your
information, that person can see Your name or nickname, Your Profile photograph, and Your entire trip itinerary.
Family and Friends who are on Your reservation will also be able to see Your reservation information.
Your Family Members and/or Friends may also send You an invitation. You acknowledge that by sending and/or
accepting an invitation to connect on the App, You authorize that Family Member or Friend to plan or modify
activities for You without notice to You. Carnival is not liable or responsible for the conduct of the family or
friends You choose to connect with on the App, including in the planning or modification of activities on Your
behalf, or for a family or friend’s use of any information You choose to share with the family or friend.
If You create a profile for a Family Member or a Friend who does not have his or her own App account, You are not
creating an App account for that person. Instead, You are providing information about that Family Member or
Friend in order to add him or her to activities on that person’s behalf. You may remove Family Members or
Friends from these “Managed Profiles” at any time.
5.4 User Generated Content. Carnival may allow You to upload certain images, graphics, photos,
audio and video clips, statements and other content or materials (collectively, "Content") on or through the
App. You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic
or sexually suggestive photos or other content via the App. You are solely responsible for your conduct and any
Content that You post on or through the App. Carnival may, but has no obligation to, remove, edit, block, and/or
monitor Content or accounts containing Content that Carnival determines in its sole discretion violates this
License.
Carnival does not claim ownership of any Content that You post on or through the App. Instead, you hereby grant
to Carnival a non-exclusive, perpetual, fully paid and royalty-free, transferable, sub-licensable, worldwide
license to use publish and distribute the Content that you post on or through the App in all media and types of
advertising and promotion throughout the world. You represent and warrant that: (i) You own the Content posted
by You on or through the App or otherwise have the right to grant the rights and licenses set forth in these
terms; (ii) the posting and use of your Content on or through the App does not violate, misappropriate or
infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights,
copyrights, trademark and/or other intellectual property rights; (iii) You agree to pay for all royalties, fees,
and any other monies owed by reason of Content You post on or through the App; (iv) no advertisement or other
materials need be submitted to You for further approval and Carnival shall be without liability to You for any
distortion or illusionary effect resulting from the publication of my biography, picture, and likeness; and (v)
You have the legal right and capacity to enter into this License in your jurisdiction. Additionally, You
expressly release Carnival from and against any and all claims which You may have at any time for the
remuneration, invasion of privacy, rights of publicity, defamation or any cause of action arising out of
Carnival’s use or any advertisement, marketing device or other publication relating to Carnival’s
use of your Content.
6. PURCHASE OF CHAT SUBSCRIPTION
6.1 The Application Chat function will enable You to communicate (“Chat”) with Your
Friends and Family while on the Vessel. All Friends and Family who are identified as “travel with,”
“same cabin” or “same account” on Your Folio will automatically be pre-loaded as
contacts. In order to Chat with anyone else, You must first add them to Your Profile and they must accept Your
invitation to Chat. In order to use the Carnival Chat function, You must purchase a subscription. A
valid/funded/activated sail and sign card is required for purchase. Your Friend and/or Family Member must also
be subscribed to Carnival Chat. The purchase of a Carnival Chat subscription is a limited, non-exclusive,
revocable, non-assignable, personal, and non-transferable right to use the Chat function for the duration of
Your Carnival sailing. Accordingly, Youhave no property, proprietary, intellectual property, ownership, or
monetary interest in Your Chats, which remain our Content. The right may be immediately suspended or terminated
for any reason, in our sole discretion, and without advance notice or liability. We may modify usage
subscriptions and virtual items at our sole discretion, and such modifications may make the usage subscriptions
or virtual items more or less common, valuable, effective, or functional.
6.2 You may not purchase, sell, barter, or trade any usage subscriptions or virtual items, or
offer to purchase, sell, or trade any usage subscriptions or virtual items. Any such attempted transfer will be
null and void.
6.3 If we suspend or terminate any usage subscriptions or virtual items, then You will forfeit
the suspended or terminated subscription or items, except as may be set forth in any additional terms (such as
any refund policies that may apply to a subscription service). Likewise, except as may be set forth in any
additional terms or as required by applicable law, we are not responsible for repairing or replacing same, or
providing You any credit or refund or any other sum, in the event of our modification of any usage subscriptions
or virtual item, or for loss or damage due to error, or any other reason.
7. TERM AND TERMINATION
This License 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 this License and the rights afforded to You hereunder with or without prior notice.
Furthermore, if You fail to comply with any terms and conditions of this License, then this License and any
rights afforded to You hereunder shall terminate automatically, without any notice or other action by Carnival
Upon the termination of this License, 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 this License in accordance
with its terms, and termination of this License will be without prejudice to any other right or remedy Carnival
may have, now or in the future. These obligations survive termination of this License.
8. 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 THIS LICENSE, 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 8 SHALL SURVIVE TERMINATION OF THIS LICENSE.
NOTWITHSTANDING AND WITHOUT WAIVING THE FOREGOING, THE TERMS AND CONDITIONS OF THE RELATED AGREEMENTS MAY PROVIDE
LIMITED REMEDIES TO YOU.
9. 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
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 9 SHALL SURVIVE TERMINATION
OF THIS LICENSE.
10. INDEMNIFICATION
You shall indemnify, defend 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 this License; (iii) Your violation of law;
(iv) Your negligence or willful misconduct; or (v) Your violation of the rights of a third party. 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 this License.
11. DISPUTE RESOLUTION BY BINDING ARBITRATION
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS
Summary:
Most customer concerns can be resolved quickly and to the customer's satisfaction by calling our customer service
department at 1-888-227-6482. In the unlikely event that Carnival's customer service department is
unable to resolve a complaint You may have to Your satisfaction (or if Carnival has 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 this License, 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 this
License will take place on an individual basis; class arbitrations and class actions are not
permitted.
12. MISCELLANEOUS
The following provisions survive termination of this License:
12.1 Governing Law, Limitation on Actions. This site 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 site 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
12.2 Severability. If any provision of this License is held to be invalid or unenforceable with
respect to a party, the remainder of this License, 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 this
License shall be valid and enforceable to the fullest extent permitted by law.
12.3 Waiver. Except as provided herein, the failure to exercise a right or require performance
of an obligation under this License 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.
12.4 Modification or Amendment. Carnival reserves the right to modify or discontinue,
temporarily or permanently, at any time and from time to time, the App (or any function or feature of the App 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 Service. This License may be updated or changed from time to time, as determined by Carnival in its sole
discretion. Carnival will provide notice of changes in the License in any manner acceptable by law, including by
posting them to our 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 App following updates or a change to this
License constitutes Your acceptance of those changes; therefore, You should frequently review this license to
understand the terms and conditions that apply to Your use of the Service. If You do not agree to the revisions,
You must terminate Your use of the App immediately.
12.5 Survival. Any provisions of this License which by their express language or by their
context are intended to survive the termination of this License shall survive such termination.
12.6 Third Party Beneficiaries. Except as explicitly provided in this License or in the Related
Agreements, nothing contained in this License 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.
12.7 No Transfer by You. You may not rent, lease, lend, sublicense, assign or transfer the
Application, this License 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 this
License. Carnival may assign this License without restriction.
12.8 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
Carnival Cruise Lines
3655 NW 87th Avenue
MLGL-815
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 refer to Carnival's Legal
Copyright & Trademarks page.
12.9 Entire Agreement. This License 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.
THIRD PARTY TERMS. The below Third Party Terms are
incorporated herein and made part of this License: Apple and Google.
APPLE: Additional provisions and Usage Rules required by Apple, Inc. (“Apple”) may
be found at Apple's Media
Services Terms and Conditions page 
. 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 this License, and that, upon Your acceptance of the
terms and conditions of this License, Apple will have the right to enforce this License against You in its
capacity as a third party beneficiary to the License. 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 Google Play Terms
of Service page . 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 this License, and that, upon Your acceptance
of the terms and conditions of this License, Google will have the right to enforce this License against You in
its capacity as a third party beneficiary to the License.
April 2015
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