Terms & Conditions

Terms & Conditions

Term and Conditions

Please read these Terms and Conditions (“Terms,” “Terms and Conditions”) carefully before using the 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 as the site or application in these Terms – it includes the mobile application, the mobile site, and its related services operated by CruiSea Inc.

GENERAL TERMS

By creating a Cruisea account, downloading, or using the app, these terms of use and the Privacy policy will automatically apply to you. You should make sure, therefore, that you read them carefully before using the app or website. You’re not allowed to copy or modify the app or website, any part of it, or our trademarks in any way. You’re not allowed to attempt to extract the source code of the app, and you also shouldn’t try to translate the app into other languages or make derivative versions. The app itself, website, and all the trademarks, copyright, database rights, and other intellectual property rights related to it, still belong to CruiSea.

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 process 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 always correct, 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

ASSENT & ACCEPTANCE
By using the app, you warrant that you have read and reviewed this Agreement and that you agree to be bound by it. If you do not agree to be bound by this Agreement, please leave the app immediately. We only agree to provide the users of this App and Services to you if you assent to this Agreement.

ASSENT & ACCEPTANCE
By using the app, you warrant that you have read and reviewed this Agreement and that you agree to be bound by it. If you do not agree to be bound by this Agreement, please leave the app immediately. We only agree to provide the users of this App and Services to you if you assent to this Agreement.

Notice Regarding Dispute Resolution: This document requires the use of arbitration on an individual basis to resolve disputes rather than jury trials or class actions. Please read the alternative dispute resolution provision in this Agreement as it affects your rights under this Agreement.

Prostitution and Sex Trafficking Prohibited: We prohibit using the app or its interactive services in any way to engage in, take part in, aid, support, promote, ask for, or ease any act of prostitution of another person or sex trafficking of another person. This includes using the app or its interactive services to share personal contact details or arrange face-to-face meetings. If you see any evidence of this on the app, please promptly report this to us. Please include with your report all evidence, including the date and time of identification. We will promptly investigate all reports and take proper action. We will terminate the account of any person engaging in any prostitution or sex trafficking, and we will report all individuals suspected of promoting or facilitating the prostitution of another person or sex trafficking to the appropriate law enforcement agency. We will fully cooperate with any law-enforcement agency investigating prostitution or sex trafficking.

Accessing the App. We may withdraw or amend our app and any service or material provided on it, at our sole discretion, without notice. We will not be liable if, for any reason, all or any part of the app is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the app, or the entire app, to users, including registered users. You are responsible for making all arrangements necessary for you to have access to the app and its content.

SERVICE
CruiSea is a meeting place for adults to meet online. You may only use CruiSea, including any of its features, or become a registered member

  • You warrant that you have the right, authority, and capacity to enter and be bound by the Terms and that by using CruiSea, you will not be violating any law or regulation of the country in which you are resident. You are solely responsible for your compliance with all applicable local laws and regulations.
  • You further warrant that you have not been convicted of nor are subject to any court order relating to assault, violence, sexual misconduct, or harassment.

AGE RESTRICTION
You must be at least 18 (Eighteen) years of age to use this App, or any Services contained herein. By using this app, you represent and warrant that you are at least 18 years of age and may legally agree to this Agreement. We assume no responsibility or liability for any misrepresentation of your age.

YOUR ACCOUNT

  • Account Creation. To access many of the app’s features, you must create an account. To register, you must complete the registration process by providing accurate information as prompted by the registration form. You also must choose a password and a username. You must not choose a username that is offensive or that infringes a person’s service mark, trademark, or trade name. By creating an account, you state to us that (a) all account registration and profile information you provide is your own and is accurate; (b) if you previously had an account on the app, we did not suspend or terminate that account for breach of this Agreement; and (c) you are creating an account for your own personal use, and you will not sell, rent, or transfer your account to any third party.
  • Responsibility for Account. You are responsible for keeping your password and account confidential. Further, you are responsible for all activities that occur under your account. You must promptly notify us of any unauthorized use of your account or any other security breach. You must not sell, rent, lease, share, or provide access to your account to anyone else, including charging anyone for access to administrative rights on your account. We may disable any username, password, or another identifier, whether chosen by you or provided by us, at any time in our sole discretion for any reason or no reason, including if, in our opinion, you have breached any part of this Agreement.
  • Liability for Account Misuse. We will not be liable for any loss you may incur because someone else uses your password or account, either with or without your knowledge. You could be held responsible for losses incurred by another person or us because someone else uses your password or account.

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 using the Service.
  • Any use of the app, including the transmission, distribution, and making available thereof, and any other (legal) activities 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 always 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, 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.

USER CONTRIBUTIONS
The Website or the App may contain message boards, personal web pages or profiles, forums, and other interactive features (collectively, “​Interactive Services​”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “​post​”) content or materials (collectively, “​User Contributions​”) on or through the Website or the App. However, Cruisea strives to encourage a respectful user experience through features like the double opt-in that only allows users to communicate if they have both indicated interest in one another. All User Contributions must comply with the ​Content Standards set out in these Terms of Use. Any User Contribution you post to the site will be considered non-confidential and non-proprietary. We are not responsible for the conduct of any user on or off of the Service. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the Service or meet in person. In addition, you agree to review and follow Our Safety Tips prior to using the Service. You agree that you will not provide your financial information (for example, your credit card or bank account information) or wire or otherwise send money to other users.

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.

INTELLECTUAL PROPERTY
You agree that the App and all Services provided by us are the property of CruiSea, including all copyrights, trademarks, trade secrets, patents, and other intellectual property (“Our IP”). You agree that we own all rights, title, and interest in and to the Our IP and that you will not use Our IP for any unlawful or infringing purpose. You agree not to reproduce or distribute Our IP in any way, including electronically or via registration of any new trademarks, trade names, service marks, or Uniform Resource Locators (URLs), without express written permission from us

USER OBLIGATIONS
As a user of the App or Services, you may be asked to register with us. When you do so, you will choose a user identifier, which may be your e-mail address or another term, as well as a password. You may also provide personal information, including, but not limited to, your name. You are responsible for ensuring the accuracy of this information. This identifying information will enable you to use the App and Services. You must not share such identifying information with any third party, and if you discover that your identifying information has been compromised, you agree to notify us immediately in writing. An e-mail notification will suffice. You are responsible for maintaining the safety and security of your identifying information, as well as keeping us apprised of any changes to your identifying information. Providing false or inaccurate information or using the App or Services to further fraud or unlawful activity is grounds for immediate termination of this Agreement.

ACCEPTABLE USE
You agree not to use the App or Services for any unlawful purpose, or any purpose prohibited under this clause. You agree not to use the App or Services in any way that could damage the App, Services, or general business of CruiSea.

  • You further agree not to use the App or Services:
  • To harass, abuse, or threaten others or otherwise violate any person’s legal rights.
  • To violate any of our intellectual property rights or any third party.
  • To upload or otherwise disseminate any computer viruses or other software that may damage the property of another.
  • To perpetrate any fraud.
  • To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme.
  • To publish or distribute any obscene or defamatory material.
  • To publish or distribute any material that incites violence, hate, or discrimination towards any group.
  • To unlawfully gather information about others.

PROHIBITED USES
You may use the app only for lawful purposes under this Agreement. You must not use the app:

  • In any way that violates any applicable federal, state, national, provincial, local, or international law or regulation (including any laws about the export of data or software to and from the U.S. or other countries).
  • To exploit, harm, or try to exploit or harm minors in any way by exposing them to inappropriate content, asking for personal information, or otherwise.
  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in this Agreement.
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • To impersonate or try to impersonate us, a Company employee, another user, or any other person or entity (including by using e-mail addresses or usernames associated with any of the preceding).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the app, or which, as we decide, may harm our app’s users or us or expose them or us to liability.

Additionally, you must not:

  • Use the app in any way that could disable, overburden, damage, or impair the app or interfere with any other person’s use of the app, including their ability to engage in real-time activities through the app.
  • Use any robot, spider, or another automatic device, process, or means to access the app for any purpose, including monitoring or copying any of the Materials.
  • Use any manual process to monitor or copy any of the Materials or for any other unauthorized purpose without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the app.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the app, the server on which the app is stored, or any server, computer, or database connected to the app.
  • Attack the app via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise, try to interfere with the proper working of the app

USER CONTRIBUTIONS
The Website or the App may contain message boards, personal web pages or profiles, forums, and other interactive features (collectively, “​Interactive Services​”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “​post​”) content or materials (collectively, “​User Contributions​”) on or through the Website or the App. However, Cruisea strives to encourage a respectful user experience through features like the double opt-in that only allows users to communicate if they have both indicated interest in one another. All User Contributions must comply with the ​Content Standards set out in these Terms of Use. Any User Contribution you post to the site will be considered non-confidential and non-proprietary. We are not responsible for the conduct of any user on or off the Service. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the Service or meet in person. In addition, you agree to review and follow Our Safety Tips prior to using the Service. You agree that you will not provide your financial information (for example, your credit card or bank account information) or wire or otherwise send money to other users.
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.

PURCHASES
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 a 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 our authorized partners or us 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 if 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, always. 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 the 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 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.

REFUNDS.
Generally, all charges for purchases are non-refundable, 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. If 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. If 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 e-mail 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 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 the 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 websites 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 you or CruiSea 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 May 11, 2022, or any claims or disputes arising after May 11, 2022
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 support@cruisea.com within the next 30 days. The e-mail opt-out must contain the following to be effective: your full name, address, e-mail 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.

GOVERNING LAW
Except where our arbitration agreement is prohibited by law, the laws of the 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.
INDEMNIFICATION
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.
SEVERABILITY
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.
ENTIRE AGREEMENT
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 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 because 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 e-mail to support@CruiSea.com.