- 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
- 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
- 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.
agreement of the parties with respect to the subject matter hereof and
supersede all previous written or oral agreements between the parties
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
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.