Last Updated: October 18, 2016
Welcome to Virginvoyages.com
Virgin Cruises Intermediate Limited (“Virgin Cruises,” “we” “us” or “our”) operates this website located at www.virginvoyages.com (the “Website”), and we ask that each of our Website users (each a “user” and collectively “users”, and when such user specifically refers to you then “you”, “your”, “yours” or “yourself”) takes the time to read these Terms & Conditions (these “T&C”) carefully. These T&C explain a number of important things including the rules covering your use of the Website and apply to all users of the Website. By using the Website, you confirm to us that you have read, understood, and agree to be bound by these T&C. If you do not agree to be bound by these T&C, then you are not authorized to use the Website. Furthermore, you are not authorized to use the Website if (a) you are not of legal age or otherwise do not have the legal capacity to form a binding contract with us, or (b) you are a person barred from using the Website either (i) under the laws of the country in which you reside or from which you are attempting to access the Website, or (ii) due to prior violations of these T&C. If you are not authorized to use the Website according to the foregoing, please do not attempt to use the Website and do not provide us with your name, contact details or any other information about yourself or otherwise use the Website.
These T&C may change from time to time and, if they do, the up-to-date version of these T&C will always be available via the Website’s home page and will be effective immediately upon posting. We will indicate at the top of these T&C when they were last updated. Please ensure that you check these T&C regularly to view any changes which may have been made, because by continuing to use the Website after these T&C have changed, you will be confirming that you have read, understood, and agree to be bound by, the then-current version of these T&C.
1. Proprietary Rights
As between you and Virgin Cruises, all text, comments, ideas, concepts, submissions, intellectual property, code, postings, icons, images, designs, sketches, messages, tags, links, photographs, audio, video and other like content (collectively, “Content”), as applicable, which appear on or are embedded in the Website or that may be sent by you or posted by you via any link within the Website, including, but not limited to via an e-mail link, Facebook link, or Twitter link are owned exclusively by us. All Content submitted by you to Virgin Cruises via the Website, or via any link within the Website, that may appear on or become embedded in the Website, or that may otherwise be used by Virgin Cruises in any way or for any purpose is hereafter referred to as “Your Content”). Thus, as between you and us, all right, title and interest (including without limitation all copyright, trademark, patent, trade secret and other intellectual property rights) in and to the Website including without limitation all Content, other than for Your Content or for third party content or Trademarks that are indicated as such, is owned by us, and you have no rights in and to the Website other than as expressly set forth in these T&C. All Content is protected by copyright, trademark and other laws of the United States and/or other jurisdictions. Virgin Cruises hereby authorizes you to copy materials published by Virgin Cruises on this Website solely for non-commercial use in support of Virgin Cruises’ services. In consideration of this authorization, you agree that any copy of these materials that you make shall retain all copyright and other proprietary notices in the same form and manner as on the original. No other use of the Content is authorized. No Content may be sold, copied, reproduced, republished, uploaded, displayed, posted, transmitted, distributed, modified, publicly performed, used in any derivative works based thereon or otherwise used for any public or commercial purpose in any form, or by any means without our prior written consent or, where applicable, that of our licensors. Except as specified above, nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, trademark, or copyright of Virgin Cruises or any third party. Virgin Cruses neither warrants nor represents that your use of materials displayed on this Website will not infringe upon the rights of third parties not owned by or affiliated with Virgin Cruises.
“VIRGIN” is a Trademark of Virgin Enterprises Limited. All other Trademarks appearing on the Website are the property of their respective owners. Virgin Cruises is not affiliated with, or sponsored or endorsed by any third party trademark owner whose Trademark appears on the Website and whose owner is not indicated to be Virgin Cruises or an affiliated “Virgin” entity. As used herein, the term “Trademarks” means, collectively, all service names, graphics, designs, logos, page headers, button icons, scripts, commercial markings, and trade dress appearing on the Website which indicate a source of goods or services. Trademarks are protected by the trademark laws of the United States and/or other jurisdictions.
2. Your Content
All submissions of Your Content made to Virgin Cruises through the Website, or via any link within the Website, are subject to and made in accordance with these T&C and submission of Your Content confirms your acceptance of, and agreement to be bound by, all the terms and conditions of these T&C. By submitting Your Content, you represent and warrant that (a) you are the exclusive owner of all rights to Your Content and the right to grant all of the authorizations, permissions, approvals, consents, rights and licenses as described in these T&C, or have all necessary authorizations, permissions, approvals, consents, rights and licenses from the other owner(s) of Your Content to perform and comply with all of the provisions of these T&C; (b) it is your original work; (c) it has not been previously published; (d) you are not a minor and you have the legal right and capability to enter into these T&C and perform and comply with all of its terms and conditions; e) all of the information provided by you associated with Your Content is correct, complete and current; (f) none of Your Content violates these T&C, violates any rights of any other party, violates any of your obligations, infringes upon or misappropriates any intellectual property, privacy, publicity or other rights of any 3rd party, or otherwise violates any law or regulation; (g) the submission of Your Content is not subject to or under the jurisdiction of any guild or union collective bargaining agreement; (h) publication of Your Content via various media, including web posting, will not infringe on the rights of any third party and (f) neither Virgin Cruises nor any of the other Virgin Grantees shall be obligated or responsible for providing any guild or residual payments in connection with the submission and exploitation of any of Your Content.
By submitting Your Content, you grant to Virgin Cruises, and to its parent companies, subsidiaries and affiliates and their successors, assigns, licensees, and joint ventures (collectively, the “Virgin Grantees” and each, a “Virgin Grantee”) the unqualified, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, non-exclusive and royalty free right, license, authorization and permission, to use Your Content, in any form or format, on or through any media or medium and with any technology or devices now known or hereafter developed or discovered, in whole or in part, including without limitation to host, cache, store, maintain, reproduce, distribute, display, exhibit, perform, publish, broadcast, transmit, modify, prepare derivative works of, adapt, reformat, translate, incorporate into any other content and otherwise exploit through the Website and any other channels, services, and other distribution platforms through all types of media, whether currently existing or existing or developed in the future (collectively, the “Platforms”), for any purpose whatsoever including, without limitation, for any promotional or marketing purposes without accounting, notification, credit or other obligation of compensation or otherwise to you, and the right to license and sub-license and authorize others to exercise any of the rights granted hereunder to the Virgin Grantees, in our sole discretion, including without limitation, the right to distribute and synchronize all or any portion of Your Content in timed relation to any other visual elements; to web cast, pod cast, re-publish, re-broadcast, re-platform, port, syndicate, route, and link to and from all or any portion of Your Content; to encrypt, encode and decode, and compress and decompress all or any portion of Your Content; to edit, mix, combine, merge, distort, superimpose, create or add special effects, illusions and/or other material to or of all or any portion of Your Content; to create compoWebsite, stunt, comic or unusual photographs, videos, animations, motion pictures and/or voice reproductions from all or a portion of Your Content; and to excerpt and/or extract portions of Your Content in order to host, store, index, categorize and display Your Content on or through the Platforms, without any credit, compensation or other benefit to you whatsoever.
By submitting Your Content to us, in addition to the rights, licenses and privileges referred to above, you also grant the Virgin Grantees the unqualified, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, non-exclusive and royalty free right, license, authorization and permission to use and refer to your name, logo, marks, image, likeness, biography, characteristic or other distinctive identification, to do, perform, take advantage of and exploit any and all of the rights set forth herein in connection with the marketing, advertising and promotion of Your Content through the Platforms, and in connection with any products, goods, features, functions, capabilities and/or services associated with any of the Virgin Grantees or otherwise, and to use and otherwise exploit any ideas, concepts, content, material, expression or form of expression, in whole or in part, contained in Your Content, for any purpose whatsoever, without any credit, compensation or accounting to you, in products or services developed by any of the Virgin Grantees, without any limitation or restriction whatsoever.
You understand that Virgin Cruises makes no representation, warranty, guarantee or promise, express or implied, that you will derive any benefit for submitting any of Your Content or otherwise from using the Website. None of the Virgin Grantees shall be required or have any obligation to host, index, display, accept or use any of Your Content, or take advantage of any or all of the particular rights and authorities granted or otherwise available. Virgin Cruises may, in its sole discretion, remove or refuse to host, index, display, accept, use or do anything at all with respect to any of Your Content. Once you submit or attempt to submit Your Content to us, you shall have no right to prohibit, restrict, revoke or terminate any of the rights granted to the Virgin Grantees. Further, neither all nor any portion of Your Content, nor any commercial, advertisement, promotional, marketing or other material associated with Your Content, needs to be submitted to you for approval prior to use nor does it need to maintained by us at all. We will not return to you any copies of Your Content.
Virgin Cruises and the Virgin Grantees are not responsible for: (a) any incorrect or inaccurate information, whether caused by you, printing, typographical or other errors or by any of the equipment or programming associated with or utilized by the Virgin Cruise Parties; (b) technical failure of any kind, including but not limited to malfunctions, interruptions or disconnections in phone lines or network hardware or software; (c) unauthorized human intervention in any part of the process for submitting Your Content; (d) printing, typographical, technical, computer, network or human error which may occur in the administration of the submission process; (e) lost, undeliverable, or damaged submissions; or (f) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from your submission of Your Content. Virgin Cruises and the Virgin Grantees are not responsible for misdirected or undeliverable submissions or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Virgin Cruises and the Virgin Grantees are not responsible for any unauthorized third party use of Your Content.
3. Your Information and Privacy
4. Release; Indemnification
YOU HEREBY AGREE TO RELEASE AND HOLD HARMLESS EACH OF VIRGIN CRUISES, THE OTHER VIRGIN GRANTEES, AND ANY OF THEIR RESPECTIVE MEMBERS, MANAGERS, DIRECTORS, OFFICERS, LICENSORS, PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, AGENTS, EMPLOYEES, CONSULTANTS, REPRESENTATIVES, SERVICE PROVIDERS, SUPPLIERS, ADVERTISING/PROMOTION AGENCIES, AND ALL THIRD PARTIES TO WHOM WE HAVE LICENSED OR ASSIGNED ANY OF THE RIGHTS OBTAINED THROUGH THESE T&C, AND EACH OF THEIR RESPECTIVE PARENT COMPANIES AND EACH SUCH COMPANY’S OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE “VIRGIN CRUISES PARTIES” AND EACH, A “VIRGIN CRUISES PARTY”) FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTIONS OR SUITS ARISING OUT OF THE USE OF THE WEBSITE INCLUDING BUT NO LIMITED TO PERSONAL INJURY, DEATH OR DAMAGE TO OR LOSS OF PROPERTY, AND THOSE WHICH YOU MAY OR CAN HAVE IN CONNECTION WITH YOUR CONTENT, INCLUDING, WITHOUT LIMITATION, ANY AND ALL LIABILITY FOR ANY USE OR NONUSE OF YOUR CONTENT, CLAIMS FOR DEFAMATION, LIBEL, SLANDER, INVASION OF PRIVACY, RIGHT OF PUBLICITY, DIRECT OR INDIRECT TRADEMARK INFRINGEMENT, UNFAIR COMPETITION, DIRECT OR INDIRECT PATENT INFRINGEMENT, DIRECT OR INDIRECT COPYRIGHT INFRINGEMENT, EMOTIONAL DISTRESS OR ECONOMIC LOSS. EACH OF THE VIRGIN GRANTEES HAS THE RIGHT TO ASSIGN, TRANSFER, CONVEY, LICENSE, SUB-LICENSE AND OTHERWISE TRANSFER, SUB-CONTRACT, DELEGATE, OUTSOURCE OR ENGAGE THIRD PARTIES TO PERFORM OR BENEFIT FROM ALL OR ANY PORTION OF ITS OR THEIR RIGHTS AND/OR OBLIGATIONS TO ANY ONE OR MORE OTHER PARTIES, WITHOUT ACCOUNTING, REPORTING, OR NOTIFYING YOU OR ANY OTHER OBLIGATION OR LIABILITY TO YOU WHATSOEVER, NOW OR IN THE FUTURE. YOU ALSO FOREVER WAIVE AND RELINQUISH ALL MORAL RIGHTS OR DROIT MORAL NOW OR HEREAFTER RECOGNIZED IN CONNECTION WITH YOUR CONTENT AND THE RIGHTS GRANTED TO THE VIRGIN GRANTEES.
You shall indemnify, defend and hold harmless each of the Virgin Cruise Parties from any and all claims, demands, actions, causes of action and/or lawsuits (each, a “Claim” and collectively, “Claims”) and all resulting costs, liabilities, losses, expenses, and damages, actual and consequential, direct and indirect, of every kind and nature, including without limitation reasonable attorneys’ fees and disbursements (collectively, “Losses”) arising out of or related to (a) a breach of any of your representations, warranties, covenants or obligations under these T&C, (b) your negligence or misconduct, (c) your violation of any law or regulation, or (d) any third party claims arising from, related to or caused by Your Content, the submission of Your Content and/or in any way associated with Your Content. You shall provide us with prompt written notice of any Claim or potential Claim of which you become aware. Upon the assertion or commencement of any Claim against one or more of the Virgin Cruises Parties by any third party that may give rise to liability of any such Virgin Cruises Party hereunder, you shall assume the control of the defense of such Claim at your sole expense with counsel reasonably acceptable to each such applicable Virgin Cruises Party; provided, however, that each such Virgin Cruises Party may take part in and/or fully assume such defense, in its sole discretion and at its own expense, after you assume the control thereof. You shall not enter into any settlement of any Claim which any of the Virgin Cruises Parties believes is adverse to its interests, without receiving the prior written consent of each of the Virgin Cruises Parties affected by such Claim. In no event shall any of the Virgin Cruises Parties be obligated to participate in any settlement which any such party reasonably believes would have an adverse effect on such party’s business interests.
5. Disclaimers and Limitation of Liability.
THE WEBSITE AND CONTENT ARE PROVIDED "AS IS" WITH ALL FAULTS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AND YOUR USE OF THE WEBSITE INCLUDING WITHOUT LIMITATION ITS CONTENT SUBMISSION FEATURES IS SOLELY AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR YOUR CONTENT SUBMITTED TO US AND FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM YOUR USE OF THE WEBSITE. VIRGIN CRUISES EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, TO YOU REGARDING THE WEBSITE, INCLUDING WITHOUT LIMITATION WARRANTIES CONCERNING ACCESS TO AND/OR THE AVAILABILITY, ACCURACY, USEFULNESS AND/OR SECURITY OF THE WEBSITE, ANY CONTENT, MATERIAL, SOFTWARE, INFORMATION, DATA, SOFTWARE, CAPABILITIES, RESOURCES, FACILITIES, PRODUCTS AND/OR SERVICES MADE AVAILABLE TO YOU THROUGH THE WEBSITE, AND ANY WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT THE WEBSITE WILL FUNCTION OR PERFORM IN ANY PARTICULAR MANNER. THE WEBSITE INCLUDING ALL CONTENT IS MAINTAINED ON SERVERS IN THE UNITED STATES INTENDED FOR USERS THAT ARE NOT RESTRICTED OR PROHIBITED BY LAW OR REGULATION TO ACCESS AND USE THE WEBSITE. VIRGIN CRUISES EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY AND ALL DAMAGES, WHETHER DIRECT, CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS WEBSITE OR ANY VIRGIN CRUISES SERVICES, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT HOWSOEVER ARISING OR CAUSED, WHETHER FORESEEABLE OR NOT, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OR CHARACTERIZATION OF THE CLAIM AND EVEN IF ADVISED OF THE POSSIBILITY OF DAMAGES. IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF ALL OF THE VIRGIN CRUISE PARTIES TO YOU, IN CONNECTION TO OR RELATED TO YOUR USE OF THE WEBSITE, EXCEED ONE HUNDRED DOLLARS ($100).
6. Governing Law; Arbitration; NO CLASS CLAIMS; Timely Filing of Claims
These T&C shall be governed by and construed in accordance with the laws of the State of New York, excluding New York’s choice-of-law principles. Any Claim brought by you which is arising out of or relating to these T&C, including without limitation regarding any breach hereunder, shall be finally resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction. The arbitration will be conducted in the City of New York, State of New York, by a panel of three (3) arbitrator(s) who shall be named in accordance with such rules. The award of the arbitrators shall be final and binding on you and us and shall be accompanied by a statement of the reasons upon which the award is based, and such statement as well as all information concerning such arbitration proceedings including without limitation all evidence and materials submitted by you and us shall be deemed to be confidential information and shall not be made public by either you or us. The non-prevailing party in such proceedings shall pay the prevailing party’s costs and expenses, including but not limited to reasonable attorneys’ fees. NO CLAIM OR ARBITRATION PROCEEDING UNDER THESE T&C SHALL BE JOINED TO ANY OTHER CLAIM OR ARBITRATION PROCEEDING, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. Notwithstanding the foregoing, either you or us may apply to any court of competent jurisdiction for injunctive relief or enforcement of this arbitration provision, without breach of this arbitration provision. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM THAT YOU MAY HAVE AGAINST VIRGIN CURUSES OR ANY OF THE OTHER VIRGIN GRANTEES WHICH ARISES OUT OF OR IS RELATED TO YOUR USE OF THE WEBSITE OR THESE T&C MUST BE FILED BY YOU PURSUANT TO THIS SECTION WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR IS CLAIMED TO HAVE ARISEN.
You shall not resell or assign any or all of your rights, duties or obligations under these T&C and any attempted assignment or delegation will be void and of no force or effect whatsoever. These T&C may be automatically assigned by Virgin Cruises, in our sole discretion, to a third party, and such an assignment will inure to the benefit of our successors, assigns and/or licensees. Without limitation of the foregoing, we may sell, transfer or otherwise share some or all of our assets, including without limitation your PII, with any parent company, subsidiary, joint venture, or company under our common control, as well as with a potential acquirer, including without limitation in connection with a merger, reorganization, or sale of assets, or in the event of bankruptcy. In each such an event, the PII we have collected from you may be one of the assets transferred.