Term and Conditions
Terms and Condition (Effective as of 10/01/2019)
Please read these Terms and Conditions (“Terms,” “Terms and Conditions”) carefully before using the https://www.cruisea.com website and CruiSea Application – the mobile application “Service” operated by CruiSea Incorporation. As used in this Agreement, “we” “us” “our” and “CruiSea” means CruiSea Organization.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use our App or website. When referred to the site, or Application in these Terms – it includes the mobile application, the mobile site and its related services operated by CruiSea Inc.
CruiSea is committed to ensuring that the app is as useful and efficient as possible. For that reason, we reserve the right to make changes to the app or to charge for its services, at any time and for any identifiable cause. We will never charge you for the app or its services without making it very clear to you precisely what you’re paying for.
The CruiSea app and website processes personal data that you have provided to us, to ensure our Service. It’s your responsibility to keep your phone and access to the app secure. We, therefore, recommend that you do not root your device, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your device vulnerable to malware/viruses/malicious programs, compromise your device’s security features and it could mean that the CruiSea app won’t work correctly.
You should be aware that there are certain things that CruiSea will not take responsibility for. Specific functions of the app will require the app to have an active internet connection. The connection can be Wi-Fi or provided by your mobile network provider, but CruiSea cannot take responsibility for the app not working at full functionality if you don’t have access to Wi-Fi, and you don’t have any of your data allowance left.
With respect to CruiSea’s responsibility for your use of the app, when you’re using the app, it’s important to bear in mind that although we endeavor to ensure that it is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you.
At some point, we may wish to update the app. The app availability on Android and iOS – the requirements for both systems may change, and you’ll need to download the updates if you want to keep using the app. CruiSea does not promise that it will always update the app so that it is relevant to you and works with the iOS/Android version that you have installed on your device. However, you promise always to accept updates to the application when offered to you.
To be able to make use of and to have access to the Service, the User has to create an Account in the way as described on the Website/Application or sign in using your Facebook login (If you do so, you authorize us to access and use certain Facebook account information, including but not limited to your public Facebook profile and information about Facebook friends you share in common with other Cruisea users). Upon creating an Account, the User will be obliged to provide its Credentials in the way described on the Application. The User is responsible for keeping its Credentials confidential. The User is responsible and liable for all use made of and access to the Service using its Account. As soon as the User knows or has reason to assume that its Account and/or Credentials has/have come into the hands of unauthorized third party/parties, the User must inform CruiSea of this immediately, notwithstanding your own obligations to take immediate effective measures, such as changing the password to your Account. CruiSea accepts no liability for any damages resulting from unauthorized access to or use of the Service by the User or third parties.
YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the CruiSea App or website, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the CruiSea Services under the laws of the United States or other applicable jurisdiction, you will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations, and you have never been convicted of or pled no contest to a felony, a sex crime, or any crime involving violence, and that you are not required to register as a sex offender with any state, federal or local sex offender registry. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the CruiSea Service’s registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or CruiSea has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, CruiSea has the right to suspend or terminate your account and refuse any and all current or future use of the CruiSea Services (or any portion thereof). CruiSea is concerned about the safety and privacy of all its users. For this reason, when you create a CruiSea Account you certify that you are at least 18 years old.
Modifying the Service and Termination
We reserve the right to withdraw or amend the Website or the App, and any service or material we provide on the Website or the App, in our sole discretion without notice. CruiSea may from time to time in its sole discretion develop and provide updates to the App, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that CruiSea has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. We will not be liable if for any reason, all or any part of the Website or the App is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website or the App, or the entire Website or the App, to users, including registered users.
You may terminate your account at any time, for any reason, by following the instructions in “Settings” in the Service, however you will need to manage your in-app purchases through your mobile device platform (e.g., iTunes, Google Play) to avoid additional billing.
We may terminate your account at any time without notice if it believes that you have violated this Agreement. Upon such termination, you will not be entitled to any refund for purchases.
SERVICE AND RULES
- CruiSea at this moment grants the User a non-exclusive, non-transferable, limited right to access and use the Service, under the conditions of these Terms & Conditions and for the duration of the Agreement.
- The user may not publish the App or Website by other means than through the use of the Service.
- Any use of the App, including the transmission, distribution and making available thereof, and any other (legal) act relating to the App, by or on behalf of the User, Platform Providers, and end-users is at the User’s own risk and responsibility. CruiSea is not liable and responsible for the Content, and any use made of the Service by Users.
- The use of the Service is at the User’s own expense and risk. The User is responsible for meeting the technical and functional requirements and using the electronic communication facilities that are necessary to be able to access and use the Service. The User will at all times bear the risk of loss, theft or damage to any of its data.
- Notwithstanding any other provisions of these Terms & Conditions, and any of the User’s legal obligations, the use of the Service, the App or website , and the Content may not, at CruiSea’s sole discretion:
- include software such as viruses or Trojans that can damage or erase, make unavailable or make inaccessible any computers or data of CruiSea, (other) Users or third parties;
- involve the unreasonable or disproportionate use of the infrastructure of CruiSea’s or third parties’ computer systems, including but not limited to any use in violation of CruiSea’s fair use policy as described on the Application or in the Service;
- impede the functionality or functionalities of the Service;
- bypass technical security measures of the computer systems of CruiSea, (other) Users or third parties;
- involve manual or automated software, devices, or other processes to “crawl,” “spider” or scrape any content of the Service;
- constitute unauthorized or unsolicited advertising, junk, spam, bulk e-mail, scam, and phishing;
- infringe any of CruiSea’s Intellectual Property Rights, privacy rights or any other rights;
- involve otherwise inappropriate use;
- involve (virtual) child pornography, bestiality or other unlawful erotic content or acts relating to it;
- promote or provide instructions or information about how to engage in illegal conduct, to commit illicit activities or support physical harm or injury;
- involve any unlawful activities or activities that are contrary to morality or public order;
- affect false or misleading information;
- Breach of these Terms & Conditions or the Agreement; or
- Be unlawful in any way whatsoever.
- The User warrants to refrain from such acts.
- By using the Service, you agree that you will not:
- violate our Community Guidelines, as updated from time to time.
- spam, solicit money from or defraud any users.
- impersonate any person or entity or post any images of another person without his or her permission.
- bully, “stalk,” intimidate, assault, harass, mistreat or defame any person.
- post any Content that violates or infringes anyone’s rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right.
- post any Content that is hate speech, threatening, sexually explicit or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
- post any Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
- solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission.
- use another user’s account.
- create another account if we have already terminated your account, unless you have our permission.
- CruiSea will have the right (but not the obligation), at its sole discretion, to review, edit, limit, refuse or remove Content and/or to limit and/or refuse a User access to and/or use of the App or website. More specifically in the event the Content, the (content of the) App, and/or use of and/or relating to the Service, according to CruiSea, violates these Terms & Conditions, and/or that it deems to be otherwise objectionable, and/or in the event CruiSea deems the technical functionality of the App malfunctioning.
- The Service may contain information that is derived from and may refer to third parties’ websites, products or services (for instance through hyperlinks, banners or buttons). CruiSea is not responsible, nor liable for the content of such information.
- CruiSea may disclose the User’s Personal Data and/or Content, or other data relating to the use of the Service, to third parties where it believes, in good faith, that it is necessary to comply with a court order, ongoing judicial proceeding, criminal or civil subpoena, or other legal process or request by law enforcement authorities in (Country of Location and territory), or to exercise its constitutional rights of defense against legal claims.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT CRUISEA DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. CRUISEA MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS. CRUISEA RESERVES THE RIGHT TO CONDUCT – AND YOU AGREE THAT CRUISEA MAY CONDUCT – ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS.
In App Purchases. From time to time, CruiSea may offer products and services for purchase (“in app purchases”) through iTunes, Google Play or other application platforms authorized by CruiSea (each, a “Software Store”). If you choose to make an in app purchase, you will be prompted to enter details for your account with your Software Store (“your IAP Account”), and your IAP Account will be charged for the in app purchase in accordance with the terms disclosed to you at the time of purchase as well as the general terms for in app purchases that apply to your IAP Account. Some Software Stores may charge you sales tax, depending on where you live. If you purchase an auto-recurring periodic subscription through an in app purchase, your IAP Account will continue to be billed for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you will need to log in to your IAP account and follow instructions to cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the CruiSea application from your device. Deleting your account on CruiSea or deleting the CruiSea application from your device does not cancel your subscription; CruiSea will retain all funds charged to your IAP Account until you cancel your subscription through your IAP Account.
Additional Likes and Other Virtual Items.
From time to time, you may be able to purchase, with “real world” money, a limited, personal, non-transferable, non-sublicensable, revocable license to use “virtual items,” including but not limited to Super Likes (collectively, “Virtual Items”). You are only allowed to purchase Virtual Items from us or our authorized partners through the Service and not in any other way. Virtual Items represent a limited license right governed by this Agreement. Except as otherwise prohibited by applicable law, Virtual Items obtained by you are licensed to you, and you acknowledge that no title or ownership in or to Virtual Items is being transferred or assigned to you. This Agreement should not be construed as a sale of any rights in Virtual Items. Any Virtual Item balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license. Virtual Items do not incur fees for non-use, however, the license granted to you in Virtual Items will terminate in accordance with the terms of this Agreement, when CruiSea ceases providing the Service or your account is otherwise closed or terminated. CruiSea, in its sole discretion, reserves the right to charge fees for the right to access or use Virtual Items and/ or may distribute Virtual Items with or without charge. CruiSea may manage, regulate, control, modify or eliminate Virtual Items at any time. CruiSea shall have no liability to you or any third party in the event that CruiSea exercises any such rights. The transfer of Virtual Items is prohibited, and you shall not sell, redeem or otherwise transfer Virtual Items to any person or entity. Virtual Items may only be redeemed through the Service. ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE. The provision of Virtual Items for use in the Service is a service provided by CruiSea that commences immediately upon the acceptance of your purchase of such Virtual Items. YOU ACKNOWLEDGE THAT CRUISEA IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
PRICES AND PAYMENT
- Prices and payment details (including subscription terms and payment terms) are specified on the App and/or in the Service. Prices are shown in the currency mentioned on the App and/or the Service and are shown exclusive of VAT, import duties and other government-imposed taxes, duties, and levies.
- Payment can be made by credit card (MasterCard, Visa or Amex), PayPal, and/or as further described on the App and/or in the Service.
- The User guarantees that the information submitted when using the Service, including without limitation, its payment details, shall be complete, correct, truthful and up to date.
- The User must inform CruiSea immediately about any inaccuracies in the offer provided or the payment details described, including the price. The User cannot hold CruiSea to any proposal for the Service if the User should in all reasonableness have known that this offer and/or the price are/is an obvious mistake or obvious error in writing.
- During the period of validity indicated in the offer for the Service, the prices of the Free Service and Paid Service will not be increased, except for price changes in VAT-tariffs. After such period, CruiSea is entitled to adjust its price for the Service, including but not limited to monthly subscription fees to (parts of) the Service, at all times. CruiSea shall notice the User fourteen (14) days in advance. Such notice may be provided at any time by posting the changes to the Website or via the Service itself.
- All payments, including (paid update-) subscription fees, done to CruiSea are not refundable. Any payment required by third parties, including Provider Platforms or third party software or service providers, licenses (including IOS and Google Play licensees, equipment, and other services will fall outside the scope of the Agreement and will be charged to User separately by the concerning party or by CruiSea.
- You agree that your account will be subject to this automatic renewal feature. If you do not wish your account to renew automatically, or if you want to change or terminate your subscription, please log in and go to “My Profile” on CruiSea Online and follow the instructions. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term, and your subscription will not be renewed after your then-current term expires.
- You may edit your Payment Method information by visiting CruiSea Online and going to “My Profile.” If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your subscription, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated.
Generally, all charges for purchases are nonrefundable, and there are no refunds or credits for partially used periods. We may make an exception if a refund for a subscription offering is requested within fourteen days of the transaction date, or if the laws applicable in your jurisdiction provide for refunds.
You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use the services of CruiSea) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability.
Purchases of Virtual Items are FINAL AND NON-REFUNDABLE.
To request a refund:
If you subscribed using your Apple ID, refunds are handled by Apple, not CruiSea. To request a refund, go to iTunes, click on your Apple ID, select “Purchase history,” find the transaction and hit “Report Problem”. You can also submit a request at https://getsupport.apple.com.
If you subscribed using your Google Play Store account or through CruiSea Online: please contact customer support with your order number for the Google Play Store (you can find the order number in the order confirmation email or by logging in to Google Wallet) or CruiSea Online.
TRANSMISSION OF PERSONAL DATA TO THIRD PARTIES
CruiSea does/will not sell, trade or rent your Personal Data to third parties without your prior consent. However, parties can provide your Personal Data to third parties, when this is essential for ensuring the Service to you or for carrying out your instructions, such as for making payments using payment providers for Paid Services.
Parties may provide “aggregated anonymous data” about the usage of the Service to third parties for such purposes as well, as it deems to be appropriate. “Aggregated anonymous data” is data that cannot be traced back to you and which therefore does not count as Personal Data. For instance, parties may use aggregated anonymous data to understand better how Users use the Service.
If CruiSea (or any parts of it) is transferred to a third party, or that CruiSea merges with a third party, or undergoes a reorganization, your Personal Data may also be disclosed and/or transferred to that third party. This third party will have the right to continue to use Personal Data and other information that you provided to CruiSea.
Parties may disclose your Personal Data where it believes, in good faith, that it is necessary to comply with a court order, ongoing judicial proceeding, criminal or civil subpoena, or other legal process or request by law enforcement authorities in Country of territory or to exercise its constitutional rights or defend itself against legal claims.
THIRD PARTY LINKS
The Service may contain advertisements and promotions offered by third parties and links to other web sites or resources. CruiSea is not responsible for the availability (or lack of availability) of such external websites or resources. If you choose to interact with the third parties made available through our Service, such party’s terms will govern their relationship with you. CruiSea is not responsible or liable for such third parties’ terms or actions.
INTELLECTUAL PROPERTY RIGHTS
CruiSea and/or its licensors reserve all rights not expressly granted to the User in these Terms & Conditions. The User acknowledges and agrees that – except as explicitly outlined in these Terms & Conditions – CruiSea and its licensors retain all rights, title, and interest, including the Intellectual Property Rights, in and to the Service and the Application as well as to any modifications, adaptations or translations thereof. The User acknowledges and agrees that it does not acquire any rights therein, express or implied, except for the rights expressly granted under these Terms & Conditions. The Service is licensed, not sold.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We therefore underwrite in no pledge or represent or warrant that your use of our service will be uninterrupted, timely, assured, secure or error-free.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the APP OR WEBSITE is at your volition and sole risk. The service delivered to you are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, Durability, title, and non-infringement.
In no case shall CruiSea, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Manufacturers, service providers or licensors be responsible or liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the APP AND website, or for any other claim related in any way to your use of the service, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the APP AND WEBSITE or any content uploaded, transmitted, or otherwise made available via the APP, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
RETROACTIVE AND PROSPECTIVE ARBITRATION, CLASS-ACTION WAIVER, AND JURY WAIVER.
Except where prohibited by applicable law:
- The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), or the Service, regardless of the date of accrual and including past, pending, and future claims, shall be BINDING ARBITRATION administered by the American Arbitration Association under the Consumer Arbitration Rules. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against CruiSea in a small claims court of competent jurisdiction in the county in which you reside, or in Dallas County, Texas. Such arbitration shall be conducted by written submissions only, unless either you or CruiSea elect to invoke the right to an oral hearing before the Arbitrator. But whether you choose arbitration or small claims court, you agree that you will not under any circumstances commence, maintain, or participate in any class action, class arbitration, or other representative action or proceeding against CruiSea.
- By accepting this Agreement, you agree to the Arbitration Agreement in this Section (subject to existing users’ limited one-time right to opt out within thirty (30) days, discussed below). In doing so, BOTH YOU AND CRUISEA GIVE UP THE RIGHT TO GO TO COURT to assert or defend any claims between you and CruiSea (except for matters that may be properly taken to a small claims court and are within such court’s jurisdiction).
- If you assert a claim against CruiSea outside of small claims court, your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY, and the arbitrator shall determine all claims and all issues regarding the arbitrability of the dispute.
- Arbitration is a process of private dispute resolution that does not involve the civil courts, a civil judge or a jury. Instead, the parties’ dispute is decided by a private arbitrator selected by the parties under the Consumer Arbitration Rules of the American Arbitration Association. Arbitration does not limit or affect the legal claims you as an individual may bring against CruiSea. Agreeing to arbitration will only affect where those claims may be brought and how they will be resolved.
- Arbitration is generally considered to be a more rapid dispute resolution process than the judicial system, but that is not always the case. The Arbitrator will typically determine whether CruiSea or you will be required to pay or split the cost of any arbitration with CruiSea, based on the circumstances presented.
Existing Users Limited One-Time Right to Opt Out of the Retroactive Application of the Arbitration Agreement
NOTE: This opt out section does not apply to new users or existing users who make a purchase after Oct 01, 2019 or any claims or disputes arising after Oct 01, 2019
if you are an existing user of Cruisea, and if you do not agree to be subject to this arbitration agreement on a retroactive basis, you must opt out of the retroactive application of this arbitration agreement within the next 30 days, in the following specified manner:
By sending an e-mail to firstname.lastname@example.org within the next 30 days. The e-mail opt out must contain the following to be effective: your full name, address, email address and/ or phone number associated with your CruiSea account, and a statement that you are opting out of the Retroactive Application of this Arbitration Agreement.
Should you not opt out of the retroactive application of this Arbitration Agreement within the next 30 days, you and CruiSea shall be bound by the terms of this Arbitration Agreement, including its retroactive effect. You have the right to consult with counsel of your choice (at your cost) concerning this Arbitration Agreement. IF YOU OPT OUT OF THE RETROACTIVE EFFECT OF THIS ARBITRATION AGREEMENT, YOU WILL STILL BE SUBJECT TO AND BOUND BY ANY PRIOR ARBITRATION AGREEMENTS/ PROVISIONS YOU PREVIOUSLY AGREED TO WITH CRUISEA AS WELL AS THIS ARBITRATION AGREEMENT ON A GOING FORWARD BASIS.
Except where our arbitration agreement is prohibited by law, the laws of U.S.A., without regard to its conflict of laws rules, shall apply to any disputes arising out of or relating to this Agreement, the Service, or your relationship with CruiSea.
You agree to indemnify, protect and hold harmless to CruiSea, our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your infringement of any law or the rights of a third-party.
In the case that any provision of these Terms of Service is discovered to be unlawful, null or unenforceable, such provision shall notwithstanding be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be viewed to be cut off from these Terms of Service, such determination shall not affect the credibility and enforceability of any other remaining provisions.
If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of CruiSea to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your CruiSea account is non-transferable and all of your rights to your account and its Content terminate upon your death. No agency, partnership, joint venture, fiduciary or other special relationship or employment is created as a result of this Agreement and you may not make any representations on behalf of or bind CruiSea in any manner.
WHAT TO DO IF YOU HAVE ANY QUESTIONS OR REMARKS
If you have any questions or remarks about these Terms, please contact us by sending an email to support@CruiSea.com