Terms of Service

By using the CruiseSavvy Services (as defined below) which are owned and operated by CruiseSavvy and by accessing the CruiseSavvy Site located at http://www.CruiseSavvy.com, and all linked pages owned and operated by CruiseSavvy (the "CruiseSavvy Site"), you agree to be bound by these terms of service, as well as any other guidelines, rules and additional terms referenced herein, and all such guidelines, terms and rules are hereby incorporated herein by this reference (collectively, "Terms of Service").

CruiseSavvy's on-line services which are available at the CruiseSavvy Site will, among other things, help you find cruise vacations you are looking for by allowing you to get reviews from other CruiseSavvy users, post and share these reviews with CruiseSavvy users, and view third party postings/reviews regarding similar businesses/services ("CruiseSavvy Service"). These Terms of Service set out the legally binding terms with respect to your use of and our provision of the CruiseSavvy Site and CruiseSavvy Services. Please read these Terms of Service carefully. Your access to or use of the CruiseSavvy Service constitutes your acceptance of all the provisions of these Terms of Service. If you are unwilling to be bound by these Terms of Service, do not access or use the CruiseSavvy Service.

1. Eligibility.

You must be 18 or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to register as a member of CruiseSavvy or use the CruiseSavvy Site and CruiseSavvy Services. If you are under the age of 18 or the applicable legal age in your jurisdiction, you can use the CruiseSavvy Service only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms of Service. If you do not qualify, do not use the Service. Membership in the CruiseSavvy Service is void where prohibited by applicable law, and the right to access the CruiseSavvy Site is revoked in such jurisdictions. You must be 13 or older to use the site, in compliance with the Children's Online Privacy Protection Act (COPPA). By using the CruiseSavvy Site and/or CruiseSavvy Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Service and to abide by all of the terms and conditions set forth herein. The CruiseSavvy website is administered in the US and intended for US users; any use outside of the US is at the user's own risk and users are responsible for compliance with any local laws applicable to their use of the service or the website.

2. Changes to the Agreement or the CruiseSavvy Services.

You agree and understand that these Terms of Service, the CruiseSavvy Site and the CruiseSavvy Services may be modified by CruiseSavvy at any time without prior notice, and such modifications will be effective upon CruiseSavvy's posting of the new terms and/or upon implementation of the new changes on the CruiseSavvy Site. You agree to review the Terms of Service periodically so that you are aware of any modifications. Your continued use of the CruiseSavvy Service after any modifications indicates your acceptance of the modified Terms of Service. Unless expressly stated otherwise by CruiseSavvy, any new features, new services, enhancements or modifications to the CruiseSavvy Service implemented after your initial access to the Service shall be subject to these Terms of Service.

3. Registration and Security.

In order to use or access some of the CruiseSavvy Services, you may be required to register with CruiseSavvy and to select a password and user name, which shall consist of an email address you own and use ("User ID"). If you register, you agree to provide CruiseSavvy with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms of Service, which may result in immediate termination of your account.

You may not: (i) enter, select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person, or, (ii) use as a User ID a name subject to any rights of a person other than yourself without appropriate authorization.

CruiseSavvy reserves the right to refuse registration of, or cancel a User ID at its discretion.

You shall be responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your User ID and password. Any User ID and password provided to you for your access to the CruiseSavvy Service shall be for your personal use only. You agree to (a) immediately notify CruiseSavvy of any unauthorized use of your User ID or password, and (b) ensure that you exit from your account at the end of each session.

4. Use of the Site/Services by Members.

Subject to the restrictions on use and on posting set forth in this Agreement, you may: use the CruiseSavvy Site to share cruise information and pictures with other CruiseSavvy users; search the CruiseSavvy database for reviews, pictures and cruise information; forward reviews to people you know, whether or not they are existing CruiseSavvy users; invite people you know to join CruiseSavvy; and download or copy the portions of the information, data, text, sound, photographs, graphics, video, messages and other materials available via the CruiseSavvy Service ("Content"), and other items displayed on the CruiseSavvy Site, for your own use.

You may not copy or distribute any portion of the CruiseSavvy Site and/or CruiseSavvy Service for any purpose not authorized above without the express written permission of CruiseSavvy.

CruiseSavvy does not control the Content posted by third parties via the CruiseSavvy Service, including the content of any messages, reviews or pictures, and does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the CruiseSavvy Service you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will CruiseSavvy be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your use of any Content.

You are responsible for complying with all laws applicable to the Content you submit via the CruiseSavvy Service. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the content, integrity, and accuracy of such Content.

5. Restrictions on Rights to Use.

You agree that you shall not (and you agree not to allow any third party to):

  • modify, adapt, translate, or reverse engineer any portion of the CruiseSavvy Site and/or CruiseSavvy Service;
  • remove any copyright, trademark or other proprietary rights notices contained in or on the CruiseSavvy Site and/or CruiseSavvy Service or in or on any Content or other material obtained via the CruiseSavvy Site and/or CruiseSavvy Service;
  • use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the CruiseSavvy Site and/or CruiseSavvy Service;
  • access, retrieve or index any portion of the CruiseSavvy Site and/or CruiseSavvy Service for purposes of constructing or populating a searchable database of business reviews;
  • collect any information about other users or members (including usernames and/or email addresses) for any purpose other than to solicit and share reviews with other CruiseSavvy users or members;
  • reformat or frame any portion of the web pages that are part of the CruiseSavvy Site and/or CruiseSavvy Service;
  • create user accounts by automated means or under false or fraudulent pretenses;
  • create or transmit unwanted electronic communications such as "spam" to other users or members of the CruiseSavvy Site and/or CruiseSavvy Service or otherwise interfere with other user's or member's enjoyment of the CruiseSavvy Site and/or CruiseSavvy Service;
  • transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature;
  • use of the CruiseSavvy Site or CruiseSavvy Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene;
  • copy or store any Content offered on the CruiseSavvy Site for other than your own use;
  • use any device, software or routine that interferes with the proper working of the CruiseSavvy Site and/or CruiseSavvy Service, or otherwise attempt to interfere with the proper working of the CruiseSavvy Site and/or CruiseSavvy Service;
  • take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure;
  • use any Content marked by CruiseSavvy as obtained from or belonging to a third-party provider except in compliance with the additional terms specified below;
  • use the CruiseSavvy Site and/ or CruiseSavvy Service, intentionally or unintentionally, to violate any applicable local, state, national or international law; or
  • collect or store personal data about other users in connection with the prohibited activities described in these Terms of Service.

6. Content Posted By You on the CruiseSavvy Site.

  • You are solely responsible for any Content and other material that you submit, publish or display on the CruiseSavvy Site or transmit to other members and/or other website users (hereinafter, "Posted Content").
  • You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. You may not submit any Content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party.
  • You may not provide any Posted Content that falsely express or imply that such Content or material is sponsored or endorsed by CruiseSavvy.
  • You may not provide any Posted Content that is unlawful or that promotes or encourages illegal activity.
  • You understand and agree that CruiseSavvy may review and delete any Content that in the sole judgment of CruiseSavvy violates these Terms of Service or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other users or members of the CruiseSavvy Site and/or other website users.
  • You are solely responsible for your ratings and reviews listed on CruiseSavvy. CruiseSavvy reserves the right, but has no obligation, to monitor disputes between you and any entity which you have reviewed.
  • You agree that you will only provide Posted Content that you believe to be true and you will not purposely provide false or misleading information.
  • By posting Posted Content on the CruiseSavvy Site, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, CruiseSavvy, its contractors, and the users of the CruiseSavvy Site an irrevocable, perpetual, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such Posted Content and to prepare derivative works of, or incorporate into other works, such Posted Content. This license is non-exclusive, except you agree that CruiseSavvy shall have the exclusive right to practice this license to the extent of combining your Posted Content with the Posted Content of other CruiseSavvy users for purposes of constructing or populating a searchable database of business reviews.
  • The following is a partial list of the kind of Content and communications that are illegal or prohibited on/through the CruiseSavvy Site. CruiseSavvy reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the CruiseSavvy Service and terminating the membership of such violators or blocking your use of the CruiseSavvy Service and/or CruiseSavvy Site. You may not post Content that:

    • is false or intentionally misleading;
    • is patently offensive to users of the CruiseSavvy Site, such as Content or messages that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
    • harasses or advocates harassment of another person;
    • involves the transmission of unsolicited mass mailing or "spamming";
    • violates the intellectual property or other rights of any person;
    • promotes illegal activities or conduct that is abusive;
    • is threatening, obscene, defamatory or libelous;
    • is pornographic or sexually explicit in nature; and
    • seeks or recommends providers of material that exploits people under the age of 18 in a sexual or violent manner, or seeks or recommends providers that solicit personal information from anyone under 18.

7. CruiseSavvy Policy.

It is CruiseSavvy's policy to (i) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, Content providers, members or users; and (ii) remove and discontinue service to repeat offenders.
We may, but have no obligation to, remove content and accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or this Terms of Service.

8. Venue Only.

If you enter into correspondence or engage in commercial transactions with third parties in connection with your use of the CruiseSavvy Service, such activity is solely between you and the applicable third party. CruiseSavvy shall have no liability, obligation or responsibility for any such activity. You hereby release CruiseSavvy from all claims arising from such activity.

9. Privacy.

Use of the CruiseSavvy Site and/or the CruiseSavvy Service is also governed by our Privacy Policy, a copy of which is currently located at http://www.CruiseSavvy.com/privacy

10. Term.

These Terms of Service will remain in full force and effect while you use the CruiseSavvy Site and/or CruiseSavvy Services. Either Party may terminate these Terms of Service for any reason, at any time. Sections 9, 10, 11, 12, 13, 14, 15 and 16 shall survive any termination or expiration of these Terms of Service.

11. Ownership.

The CruiseSavvy Site and CruiseSavvy Service (including, but not limited to, text, photographs, graphics, video and audio Content) are protected by copyright as collective works or compilations under the copyright laws of the United States and other countries. All individual articles, Content and other elements comprising the CruiseSavvy Site and CruiseSavvy Service are also copyrighted works.

Except for the Content submitted by members or users, the CruiseSavvy Service and all aspects thereof, including all copyrights, trademarks, and other intellectual property or proprietary rights therein, is owned by CruiseSavvy or its licensors. You acknowledge that the CruiseSavvy Service contains CruiseSavvy’s proprietary information. You may not modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit, any of the content and/or materials available on the CruiseSavvy Site, or CruiseSavvy Services in whole or in part except as expressly provided in CruiseSavvy’s policies and procedures made available via the CruiseSavvy Service. Except as expressly and unambiguously provided herein, CruiseSavvy and its suppliers do not grant you any express or implied rights, and all rights in the CruiseSavvy Service not expressly granted by CruiseSavvy to you are retained by CruiseSavvy.

12. Disclaimer.

THE CRUISESAVVY SITE IS PROVIDED BY CRUISESAVVY ON AN "AS IS" BASIS. CRUISESAVVY AND ITS LICENSORS AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO THE OPERATION OF THE CRUISESAVVY SITE, CRUISESAVVY SERVICE OR SOFTWARE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE CRUISESAVVY SITE OR IN ASSOCIATION WITH THE CRUISESAVVY SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, CRUISESAVVY AND ITS LICENSORS AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CRUISESAVVY AND ITS LICENSORS AND AFFILIATES FURTHER DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THE CRUISESAVVY SITE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. CRUISESAVVY IS NOT RESPONSIBLE FOR THE CONDUCT, OF ANY USER OF THE CRUISESAVVY SITE. CruiseSavvy does not warrant or covenant that the CruiseSavvy Service will be available at any time or from any particular location, will be secure or error-free, that defects will be corrected, or that the CruiseSavvy Service is free of viruses or other potentially harmful components. Any material or Content downloaded or otherwise obtained through the use of the CruiseSavvy Service is accessed at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM CRUISESAVVY, THE CRUISESAVVY SITE OR THROUGH OR FROM THE CRUISESAVVY SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

13. Limitation on Liability.

CruiseSavvy shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond CruiseSavvy's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). WITHOUT LIMITING THE FOREGOING, CRUISESAVVY AND ITS AFFILIATES AND SUPPLIERS WILL NOT BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERRUPTION, AND/OR LOSS OF INFORMATION OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CRUISESAVVY'S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO CRUISESAVVY FOR THE CRUISESAVVY SERVICES IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (ii) $100 . IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

14. Indemnity.

You agree to indemnify and hold CruiseSavvy, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (i) your access to the CruiseSavvy Site, (ii) your use of the CruiseSavvy Services, (iii) the violation of these Terms of Service by you, or (iv) the infringement by you, or any third party using your account or User ID or password, of any intellectual property or other right of any person or entity.

15. Third Party Content Providers.

With respect to any Content marked by CruiseSavvy as Content obtained from or belonging to a third party content provider, the following applies:

This information is proprietary to the third party content provider and is protected under U.S. copyright laws and international treaty provisions. This information is licensed for your personal or professional use and may not be resold or provided to others. You may not distribute, sell, rent, sublicense, or lease such information, in whole or in part to any third party; and you will not make such information available in whole or in part to any other user in any networked or time-sharing environment, or transfer the information in whole or in part to any computer other than the PC used to access this information.

16. Miscellaneous.

If there is any dispute about or involving the CruiseSavvy Site and/or the CruiseSavvy Service, by using the CruiseSavvy Site, you agree that the dispute will be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of California, City of San Francisco. No agency, partnership, joint venture, or employment is created as a result of these Terms of Service and you do not have any authority of any kind to bind CruiseSavvy in any respect whatsoever. CruiseSavvy may provide you with notices, including those regarding changes to the Terms of Service by email, regular mail or postings on the CruiseSavvy Service. These Terms of Service, accepted upon use of the CruiseSavvy Site, and all terms, guidelines and rules referenced herein contain the entire agreement between you and CruiseSavvy regarding the use of the CruiseSavvy Site and/or the CruiseSavvy Service. The failure of CruiseSavvy to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Service shall otherwise remain in full force and effect and enforceable. These Terms of Service are not assignable, transferable or sublicensable by you except with CruiseSavvy's prior written consent. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. These Terms of Service include CruiseSavvy's acceptable use policy for Content posted on the CruiseSavvy Site, CruiseSavvy's Privacy Policy, and any notices regarding the CruiseSavvy Site.

17. Contact and Violations.

Please contact us with any questions regarding these Terms of Service.

Please report any violations of the Terms of Service to legal [at] CruiseSavvy [dot] com or via our contact form.

18. Mark.

CruiseSavvy is a proprietary service mark of CruiseSavvy.