Terms of Service
Your
use of this site is expressly conditioned on your acceptance of the
following terms and conditions. By using this site, you signify that you
agree to these terms and conditions. If you do not agree with any part
of the following terms and conditions, you must not use this site.
Ownership
This site, and each of its modules, together with the arrangement and
compilation of the content found on this site, is the copyrighted property
of
Diamond Reef - SunCoast Cruises and the various third party providers
and distributors. In addition, the trademarks, logos and service marks
displayed on this site (collectively, the "Trademark") are registered
and common law Trademarks of
Diamond Reef - SunCoast Cruises, and
the various third parties. Nothing contained on this site should be
construed as granting, by implication or otherwise, any license or right
to use any of the Trademarks without the written permission of
Diamond Reef - SunCoast Cruises or such other party that may own the Trademarks.
Use of Site
Diamond Reef - SunCoast Cruises grants you a limited, non-transferable
license to use this site in accordance with the terms and conditions
of this User Agreement. You may only use this site to make legitimate
reservations or purchases and shall not use this site for any other
purposes, including without limitation, to make any speculative, false
or fraudulent reservation or any reservation in anticipation of demand.
This site and the content provided in this site, including the text,
graphics, and button icons, may not be copied, reproduced, republished,
uploaded, posted, transmitted or distributed without the written permission
of
Diamond Reef - SunCoast Cruises or the third party providers and
distributors. You may not use any automatic device, program, algorithm
or methodology having similar processes or functionality, or any manual
process, to monitor or copy any of the web pages, data or content found
on this site, without the prior written permission of
Diamond Reef - SunCoast Cruises, you also agree that you will not transmit or otherwise
transfer any web pages, data or content found on this site to any other
computer, server, web site, or other medium for mass distribution or
for use in any commercial enterprise. You agree that you will not use
any device, software or routine to interfere, or attempt to interfere,
with the proper working of this site. You agree that you will not take
any action that imposes a burden or load on our infrastructure that
Diamond Reef - SunCoast Cruises, at its sole discretion, deems to
be unreasonable or disproportionate to the benefits that
Diamond Reef - SunCoast Cruises gains from your use of the site. Unauthorized use
of this site and/or the materials contained on this site may violate
applicable copyright, trademark or other intellectual property laws
or other laws. The use of such materials on any other web site or in
any environment of networked computers is prohibited. You are prohibited
from posting or transmitting any unlawful, threatening, libelous, defamatory,
obscene, indecent, inflammatory, pornographic or profane material or
any material that could constitute or encourage conduct that would be
considered a criminal offense, give rise to civil liability, or otherwise
violate any law. In addition, you are prohibited from posting or transmitting
any information which
(a) infringes the rights of others or violates their privacy or publicity
rights,
(b) is protected by copyright, trademark or other proprietary right,
unless with the express written permission of the owner of such right,
(c) contains a virus, bug or other harmful item, or
(d) is used to unlawfully collude against another person in restraint
of trade or competition. You shall be solely liable for any damages
resulting from any infringement of copyright, trademark, proprietary
right, or any other harm resulting from your use of this site.
Age and Responsibility
If you use this site, you are responsible for maintaining the confidentiality
of your account information. You represent that you are of sufficient
legal age to use this site and to create binding legal obligations for
any liability you may incur as a result of the use of this site.
Privacy
You have read the
Diamond Reef - SunCoast Cruises Privacy
Policy, the terms of which are incorporated herein, and agree that
the terms of such policy are reasonable.
Review of Transmissions
Diamond Reef - SunCoast Cruises, from time to time, monitor and review
any information transmitted or received through this site and reserves
the right to censor, edit, remove or prohibit the transmission or receipt
of any information that
Diamond Reef - SunCoast Cruises deems inappropriate
or in violation of these terms and conditions. During monitoring, the
information may be examined, recorded or copied, and your use of this
site constitutes your consent to such monitoring and review. You agree
that if you submit suggestions, ideas, comments or questions or post
any other information on this site, you grant
Diamond Reef - SunCoast Cruises
a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and
fully sublicenseable right to use, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute and display such
content in any form, media or technology.
Diamond Reef - SunCoast Cruises
assumes no responsibility or liability for any content posted or submitted
by you.
Exclusion of Warranty
Diamond Reef - SunCoast Cruises makes no warranty of any kind regarding
this site and/or any materials provided on this site, all of which are
provided on an "as is" basis.
Diamond Reef - SunCoast Cruises
does not warrant the accuracy, completeness, currency or reliability
of any of the content or data found on this site and expressly disclaim
all warranties and conditions, including implied warranties and conditions
of merchantability, fitness for a particular purpose and non-infringement,
and those arising by statute or otherwise in law or from a course of
dealing or usage of trade.
Diamond Reef - SunCoast Cruises does not
warrant that this site, its servers or any email sent from
Diamond Reef - SunCoast Cruises, free of viruses or other harmful components. some
states do not allow the disclaimer of implied warranties, so the foregoing
disclaimer may not apply to you. this warranty gives you specific rights
which vary from state to state..
Limitation of Liability
Diamond Reef - SunCoast Cruises accepts no responsibility, and shall
not be liable for, any damages to, or viruses that may infect your computer
equipment or other property on account of your access to, use of, or
browsing in this site or your downloading of any materials, data, text,
images, video or audio from the site. in no event shall
Diamond Reef - SunCoast Cruises be liable for any injury, loss, claim, damage, or
any special, exemplary, punitive, indirect, incidental or consequential
damages of any kind (including, but not limited to lost profits or lost
savings), whether based in contract, tort, strict liability, or otherwise,
which arises out of or is in any way connected with (i) any use of this
site or content found herein, (ii) any failure or delay (including,
but not limited to the use of or inability to use any component of this
site for reservations or ticketing), or (iii) the performance or non
performance by
Diamond Reef - SunCoast Cruises . If, notwithstanding
the foregoing,
Diamond Reef - SunCoast Cruises should be found liable
for any loss or damage which arises out of, or is in any way, connected
with any of the above described functions or uses of this site or its
content, the liability of
Diamond Reef - SunCoast Cruises shall in
no event exceed, in the aggregate, the greater of (a) the subscription
fee and service charge for accessing this site, or (b) US$100.00. In
its sole discretion, in addition to any other rights or remedies available
to
Diamond Reef - SunCoast Cruises and without any liability whatsoever,
Diamond Reef - SunCoast Cruises at any time and without notice may
terminate or restrict your access to any component of this site. Some
states do not allow limitation of liability, so the foregoing limitation
may not apply to you.
Indemnification
You shall defend and indemnify
Diamond Reef - SunCoast Cruises, their
officers, directors, employees and agents from and against any claim,
cause of action or demand, including without limitation reasonable legal
and accounting fees, brought by or on your behalf in excess of the liability
described herein or by third parties as a result of your use of this
site.
Links
This site contains links to other web sites which are provided solely
as a convenience to you and not as an endorsement by
Diamond Reef - SunCoast Cruises, of the contents of such other web sites.
Diamond Reef - SunCoast Cruises shall not be responsible for the content of any
other web sites and makes no representation or warranty regarding other
sites or the contents or materials on such web sites. If you decide
to access other web sites, you do so at your own risk.
Attorneys Fees
If
Diamond Reef - SunCoast Cruises takes any action to enforce this
User Agreement and these terms and conditions, such parties will be
entitled to recover from you, and you agree to pay, all reasonable and
necessary attorney's fees and any cost of litigation, in addition to
any other relief, at law or in equity, to which such parties may be
entitled.
Injunctive
You acknowledge that a violation or attempted violation of any of this
User Agreement and these terms and conditions will cause such damage
to
Diamond Reef - SunCoast Cruises as will be irreparable, the exact
amount of which would be difficult to ascertain and for which there
will be no adequate remedy at law. Accordingly, you agree that
Diamond Reef - SunCoast Cruises shall be entitled as a matter of right to an injunction
issued by any court of competent jurisdiction, restraining such violation
or attempted violation of these terms and conditions by you, your affiliates,
partners, or agents, as well as recover from you any/all costs and expenses
sustained or incurred by
Diamond Reef - SunCoast Cruises in obtaining
such an injunction, including, without limitation, reasonable attorney's
fees. You agree that no bond or other security shall be required in
connection with such injunction
Termination
Diamond Reef - SunCoast Cruises may terminate this User Agreement
and these terms and conditions and/or the provision of any of the services
at any time for any reason, including any improper use of this site
or your failure to comply with these terms and conditions. Such termination
shall not effect any right to relief to which
Diamond Reef - SunCoast Cruises
may be entitled, at law or in equity. Upon termination of this User
Agreement and these terms and conditions, all rights granted to you
will terminate and revert to
Diamond Reef - SunCoast Cruises , as
applicable.
Modification
Diamond Reef - SunCoast Cruises reserves the right to modify these
terms and conditions, your continued use of this site will be conditioned
upon the terms and conditions in force at the time of your use.
Additional Terms
Additional terms and conditions may apply to reservations, purchases
of goods and services and other uses of portions of this site, and you
agree to abide by such other terms and conditions.
Severability
These terms and conditions shall be deemed severable. In the event that
any provision is determined to be unenforceable or invalid, such provision
shall nonetheless be enforced to the fullest extent permitted by applicable
law, and such determination shall not affect the validity and enforceability
of any other remaining provisions.
Entire Agreement
This User Agreement, together with any terms and conditions incorporated
herein, or referred to herein, constitute the entire agreement between
us relating to the subject matter hereof, and supersedes any prior understandings
or agreements (whether oral or written) regarding the subject matter,
and may not be amended or modified except in writing or by making such
amendments or modifications available on this site.
