CARNIVAL'S SMS MESSAGE AND ALERT SERVICE AGREEMENT


Your use of Carnival’s text message and alert service (the “Service”) is governed by the terms and conditions below and the cruise ticket contract which are incorporated as if restated herein. You must be at least 18 years old to use the Service, and if your 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 acceptance of this User Agreement with its changes and revisions. For purposes of this Agreement "you" shall mean either you as an individual or the group, agent, business, or entities on whose behalf you are accepting this Agreement. By accepting this Agreement, you agree that you are accepting this Agreement on behalf of any of your travel party members, employees and/or agents that you provide with the Service, and that you are solely responsible and liable for any non-compliance by your group, employees and/or agents. 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.     Registration to the Service

                   i.            Subscription to the Service:

To participate in this Service, simply check the box confirming acceptance to the Service in the on-line checking system.  Your use and continued access to the Service will constitute your agreement to participate in this Service and to abide by all of the rules, terms and conditions of the Service. By subscribing to the service, you represent and warrant that the mobile phone or wireless device from which you initiate the text message to enter this service is owned by you and is registered under your name. You agree and represent that all registration and contact information provided during the online check-in, including the mobile phone number registered for the Service, is accurate and up-to-date. If any of your registration or contact information changes, you must immediately update it.

For additional information regarding use of personal information you supply or communicate to Carnival or the Service, please see our Privacy Policy, at http://www.carnival.com/privacy-policy.

                 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.

If you have reason to believe that access to your mobile or wireless device is no longer secure (e.g., loss, theft or unauthorized disclosure or use of your computer or mobile device used to access the Service), you must promptly change your contact information in Carnival’s online checking system.

If you elect to receive messages or other communications from the Service directly to your mobile device, 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 mobile 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 mobile or wireless device carrier may charge you for each text message sent and received. 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 Opt Out:

 

You may opt out of this Service at any time by texting the keyword “STOP” to 36500. Upon receipt of your opt-out message, you agree to Carnival or its third party service provider sending to your mobile phone or wireless device an OPT OUT confirmation message that confirms your election to terminate participation in this Service. Please note that, upon opt-out, your participation in this Service is deemed terminated immediately and you will not receive any additional texts messages (except the OPT OUT confirmation message)

2.     Use of the Service

                   i.            Personal and Lawful Use Only

Unless otherwise specified, the Service is intended for your personal, noncommercial use only. You agree to use the Service only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.

You will not, nor attempt to do, any of the following with respect to the Service, except as expressly authorized or enabled by Carnival:

a.     access the Service in a manner or through an interface not provided or authorized by Carnival, including but not limited to, any automated means (e.g., scripts or bots);

 

b.     reproduce, duplicate, copy, sell, trade, resell or exploit the Service; and

c.      republish or syndicate the information available on the Service

 

                 ii.            Maintenance of Personal Contact Information

 

If you subscribe to the Service, you are solely responsible for maintaining confidentiality of your contact information, 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.

 

              iii.            User Conduct

You agree not to use the Service to upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable.

              iv.            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. 

3.     Intellectual Property

                   i.            Use of Material

The Service contains material that is 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.

                 ii.            Ownership and Control

The content, organization, graphics, text, images, video, design, compilation, advertising and all other material on the Service, including without limitation, the "look and feel" of the Service’s messages and alerts, are protected under applicable copyrights and other proprietary (including but not limited to intellectual property) rights and are the property of Carnival, the third party Service provider, or its licensors. The copying, rearrangement, redistribution, modification, use or publication by you, directly or indirectly, of any such matters is strictly prohibited.

              iii.            Compliance with Laws and Agreement

You agree to use the Service only for purposes that are permitted by any applicable law, rules or regulations, and as permitted by this Agreement.

              iv.            Interference

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.

4.     Indemnification

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 submissions, 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 hereby 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. Carnival, its affiliates, and its third party service providers 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.

 

Without limitation, Carnival does not warrant the accuracy or completeness of any information included in any itinerary or other information created or provided through the Service. Users are solely responsible for ensuring the accuracy of all information provided to the Service and Carnival shall undertake no responsibility for damages caused by the inclusion of erroneous, incomplete or outdated information in such itineraries.

 

Carnival, its affiliates and its third party service providers 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.