CARNIVAL'S SMS MESSAGE AND ALERT SERVICE AGREEMENT
Your use of Carnival’s text message and alert service (the “Service”) is governed by this SMS Message and Alert Service Agreement (“Agreement”) which incorporates the terms of the cruise ticket contract as if restated herein. You must be at least 18 years old to use the Service, and if you are under18, your parent or legal guardian must have read and agreed to the below terms before subscribing.
Please read the terms and conditions contained in this Agreement carefully. Your use and continued access of the Service will constitute your ongoing agreement to this Agreement with its changes and revisions. For purposes of this Agreement "you" shall mean the owner or authorized user of the mobile device whose telephone number is submitted to subscribe to the Service. You further represent that you are authorized to accept these terms and conditions. If you cannot accept this Agreement, do not use the Service. This Agreement may be modified at any time without any prior notice. It is your responsibility to regularly check the site to determine if there have been changes to this User Agreement and to review such changes. Your failure to abide by this Agreement or any other terms or conditions posted anywhere within the Service may result in suspension or termination of your access to the Service, without notice, in addition to Carnival's other remedies.
1. The Service
i. Subscription to the Service:
The Service includes sending subscribers text messages (SMS) about sailing alerts or payment reminders/cancellations or both. Text messages may be auto-dialed or prerecorded. Payment reminder/cancellation texts will be limited to 5 texts before the commencement of your voyage. The number of sailing alerts will depend on the voyage booked but will not exceed ten (10) per voyage.
To participate in this Service, simply check the box confirming acceptance to the Service in the Online Check-in system and provide your mobile telephone number. You can also subscribe with our contact center over the phone. By subscribing to the Service, you represent and warrant that you are the registered owner or authorized user of the mobile phone or wireless device (“Device”) whose telephone number is submitted. You agree and represent that the Device phone number registered for the Service is accurate and up-to-date. If your number changes, you must immediately update it.
ii. Functionality; Security; Mobile Use Precautions
This Service is offered on an “as is” and “as available” basis without warranties of any kind, except as otherwise expressly stated. Text messaging service may not be available at all times and in all areas; certain variables could affect delivery of the messages, including but not limited to the functionality of your carrier’s network and text messaging platform, and restrictions set by your carrier to your account. Carnival or its text messaging provider does not guarantee message delivery, timeliness, or that messaging Services, will be available at all times. Carnival is not responsible for messages that are lost or misdirected. Carnival will send you a confirmation text when you have opt in or out to receive text messages.
If you have reason to believe that access to your Device is no longer secure (e.g., loss, theft or unauthorized disclosure or use of your Device used to access the Service), you must promptly change your contact information in Carnival’s online check-in system.
You are solely responsible for keeping the Service updated with your current phone number. Blocking messages will disable the ability to send or receive text messages. Carnival shall not be liable for information sent to a Device that is associated with your outdated mobile phone number. If you install any software or enable any service that stores information from the Service on any Device or computer, it is your responsibility, prior to transfer of such Device, to remove your information or otherwise disable access to such software or service, in order to prevent unauthorized access to your information or account.
iii. Third Party Charges and Mobile Alerts
A mobile phone or wireless device is required to use the Service. The messaging Service is not available on all rates plans. Your carrier may charge you for each text message sent and received. Higher rates may apply to messages received when travelling internationally. Contact your carrier for text messaging rates and terms applicable to your plan. You are solely responsible for any fees or charges incurred from participating in the Service. Under no circumstances will Carnival, its selected third party service provider, any of its agents or respective corporate affiliates be responsible or liable for any text messaging or wireless service charges incurred by you or a person that had access to your mobile phone or wireless device, or for any overcharge or billing error by or any billing dispute with your participating carrier.
iv. How to Cancel the Service:
You may cancel this Service at any time by texting the keyword “STOP” to 278473. The STOP request includes your agreement that Carnival or its third party service provider may send to your Device a single confirmation message within 24 hours of receipt of your STOP message.
v. Use of the Service
The Service is intended for your personal, noncommercial use only. You are solely responsible for maintaining confidentiality of your contact information and information received on your Device, and for failure to do so. You are solely responsible for all use of the Service by you and anyone you allow access to the Service on your Device.
2. Third Party Service Providers
Carnival reserves the right to hire a third party for the purpose of providing its Service. You acknowledge that all third party Service providers are independent contractors, and that Carnival neither supervises nor controls their actions, nor makes any representation either express or implied as to their suitability. You agree that Carnival assumes no responsibility, does not guarantee performance and in no event shall be liable for any negligent or intentional acts or omissions, loss, damage, injury or delay to Guest and/or Guest’s property or effects in connection with the Service. Consent to receive messages from Carnival includes consent to receive messages transmitted for Carnival by a third party.
3. Intellectual Property
The Service contains material that is owned by Carnival and protected by state, national and international copyright, trademark and other intellectual property laws. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material, including code and software, from the Service.
You agree not to disrupt, overwhelm, attack, modify or interfere with the Service or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others' use of the Service. You further agree not to alter or tamper with any information or materials on or associated with the Service.
You agree to indemnify Carnival and its affiliates, employees, agents, representatives and third party Service Providers, and to defend and hold each of them harmless, from any and all claims and liabilities (including attorneys fees) which may arise from your conduct, from your unauthorized use of material obtained through the Service, or from your breach of this Agreement, or from any such acts through your use of the Service.
5. Disclaimer Of Warranty And Limitation Of Liability
You acknowledge that you are using the service at your own risk. The Service is provided “as is,” and Carnival, its affiliates and its third party Service providers:
• expressly disclaim any and all warranties, express and implied, including but not limited to any warranties of accuracy, reliability, title, merchantability,
non-infringement, fitness for a particular purpose or any other warranty, condition, guarantee or representation, whether oral, in writing or in electronic
form, including but not limited to the accuracy or completeness of any information contained therein or provided by the Service.
• do not represent or warrant that access to the Service will be uninterrupted or that there will be no failures, errors or omissions or loss of transmitted
information, or that no viruses will be transmitted on the Service.
||• undertake no responsibility for damages caused by the inclusion of erroneous, incomplete or outdated information in itineraries.
shall not be liable to your or any third parties for any direct, indirect, special, consequential or punitive damages allegedly sustained arising out of this agreement, including but not limited to: the providing of services hereunder, the delivery or non-delivery of information, your access to or inability to access the Service, including for viruses alleged to have been obtained from the Service, your use of or reliance on the Service or any of the information, regardless of the type of claim or the nature of the cause of action, even if advised of the possibility of such damages.
You hereby agree to release Carnival, its affiliates and third-party service providers and each of their respective directors, officers, employees, and agents from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your use of the Service.
6. Termination Or Suspension Of Access To The Service
Carnival has the right to terminate and/or suspend your ability to access the Service or any portion thereof, for any or no reason, without notice.
This Agreement is governed by the laws of the state of Florida without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Miami-Dade County and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein. Any delay or failure to enforce any term by Carnival shall not be deemed a waiver. Any cause of action must be brought within ONE YEAR of the date the claim arises.