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1. ACCEPTANCE OF TERMS By accepting this Terms of use (hereby referred to as ("TOU")) You are acknowledging that You have read this ("TOS") in its entirety and agree to accept the ("TOU"). You may not use the services provided by Craft Cruise unless You agree to this ("TOU"). Craft Cruises reserves the right to modify this ("TOU") at anytime without notice to You. In addition, when using Craft Cruises services, websites, RSS feeds, XML data, JSON data, or any other data that may be in part or in whole by a third party. You and Craft Cruises will be bound by the terms associated to the third parties ("TOU"). Craft Cruises employs various resources, websites, data feeds etc... on the internet. Notwithstanding anything to the contrary to this ("TOU") these resource may contain additional or different ("TOU") 3. USE AND STORAGE Craft Cruises assumes no responsibility or liability for data/content provided to Craft Cruises by You. Every effort through generally accepted best practices will be made to ensure and maintain accessibility to data/content You have provided to Craft Cruises. Craft Cruises reserves the right to remove data/content at anytime without prior written consent to or from You. Data/Content that is deemed inappropriate or in direct violation of this ("TOU") will be removed. 3. SUBMISSIONS/CONTRIBUTIONS/TESTIMONIALS You have the choice of sending information to Craft Cruises. By electing to send verbally, digitally, or any other unforeseen means to Craft Cruise consent that the information does not contain any confidential or proprietary information. Craft Cruise is not in anyway under obligation of confidentiality express or implied in regards to submitted information. Craft Cruise may have in development or planning something similar to the information provided by You. Craft Cruises can use, disclose or choose not to use or disclose the information submitted to Craft Cruises for any reason in anyway worldwide. Information submitted to Craft Cruises automatically becomes the property of Craft Cruises. You are entitled to no compensation, royalties or reimbursement from Craft Cruises under any circumstances. 3.1 At times Craft Cruises may enter into written agreements between individuals or companies which may supersede the items listed in section 3.4. CONTENT Craft Cruises provides content for the sole use its customers, affiliates, partners, every effort is made to ensure the accuracy of the content provided. 5. OTHER CONTENT Craft Cruises provides content from third parties via various forms of communications. This information is used to provide, enhance or otherwise add to your experience with Craft Cruises. Craft Cruises assumes no responsibility or liability for the accuracy of this information/content. 6. LINKS Craft Cruises does provide links to third party websites, content, and other internet or otherwise data sources. Craft Cruises is not in control of the content/data provided by these links. Craft Cruise is providing these links purely as a courtesy. Inclusion of said links on websites, emails, printed material or any other means of data transmission does not imply endorsement of any kind from Craft Cruises. Craft Cruises assumes no responsibility or liability for loss or damages incurred from third party links or subsequent links from third parties websites or any other means of communications from third parties. 6. COMMERCIAL REUSE Under no circumstances, unless provided by prior written consent from Craft Cruises may any content, data, business process, pricing, or any other content contained or communications resulting from the visitation of this website or any other source of communications to You by Craft Cruises be used, reproduced, sold, or modified for commercial use. 13. RIGHT OF ASSIGNMENT The ("TOU") may under no circumstances be assigned or transferred by You without the prior written consent of Craft Cruises. Craft Cruises reserves the right of assignment to its affiliates or third parties at Craft Cruises discretion. 8. PASSWORDS AND ACCOUNT SECURITY Access to and use of password protected and/or secure areas of the Website are restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Website may be subject to prosecution to the fullest extent of the law. 9. ADVERTISEMENTS Craft Cruises may at times allow third party advertisements on our websites, or any other means of communications. You in accepting this ("TOU") agree that Craft Cruises shall not be held responsible or liable for any loss or damages resulting from dealings with said advertisers. 7. SELLER OF TRAVEL Registered seller of travel in California under its seller of travel regulations.California registration number: 2059975-40 Registration as a seller of travel in California does not constitute the state's approval.8. HOTEL PROPERTY PHOTOS It is the responsibility of the hotel chain and/or the individual property to ensure the accuracy of the photos displayed. Craft Cruises is not responsible for any inaccuracies in the photos. 9. CRUISE LINE PHOTOS It is the responsibility of the cruise line and/or the individual to ensure the accuracy of the photos displayed. Craft Cruises is not responsible for any inaccuracies in the photos. 10. WARRANTY DISCLAIMER WHILE CRAFT CRUISES ATTEMPTS TO PROVIDE ACCURATE INFORMATION ON THE WEBSITE, IT ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OF THE INFORMATION. CRAFT CRUISES MAY CHANGE THE INFORMATION ON THE WEBSITE, OR THE PRODUCTS MENTIONED, AT ANY TIME WITHOUT NOTICE. MATERIAL, INCLUDING SOFTWARE, ON THE WEBSITE AND THE WEBSITE ITSELF IS PROVIDED "AS IS" AND CRAFT CRUISES DOES NOT PROVIDE ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. CRAFT CRUISES SPECIFICALLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE WEBSITE OR ANY CONTENT OR MATERIAL ON THE WEBSITE. ANY MATERIAL OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL OR SOFTWARE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CRAFT CRUISES OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE ("TOU").11. INDEMNITY You agree to indemnify and hold Craft Cruises and its partners, affiliates, employees, licensors, instructors, officers, subsidiaries, harmless from any claim or demand including reasonable attorneys' fees made by any third parties due to or from any content submitted or otherwise made available to Craft Cruises through the use of any connections to Craft Cruises or your violations of any rights of another party associated to Craft Cruises or not associated to Craft Cruises. 12. GOVERNING LAWThe validity, construction and performance of this ("TOU") will be governed by the substantive laws of the State of Washington, without giving effect to any provisions that would result in this Agreement being governed by the law of any jurisdiction other than that of the State of Washington. The parties specifically disclaim the UN Convention on Contracts for the International Sale of Goods. The parties hereby consent to the exclusive jurisdiction of, and venue in, any federal or state court of competent jurisdiction located in the City of Seattle for the purposes of adjudicating any matter arising from or in connection with this Agreement. THE PARTIES UNCONDITIONALLY WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL FOR ANY CLAIM OR CAUSE OF ACTION BASED UPON OR ARISING OUT OF, DIRECTLY OR INDIRECTLY, THIS ("TOU") AND/OR THE USE OF THE WEBSITE.15. COPYRIGHTS AND TRADEMARKS You agree that trademarks and information provided by any means by Craft Cruises is under United States law considered the property of Craft Cruises. You agree to not display or use in any manner such information ofr marks without prior written consent from Craft Cruises.16. VIOLATIONS Report all violations of this ("TOS") and any other agreements to Craft Cruises. Report such infractions via our website http://www.craftcruises.com/contact_us.php. 17. DATA EXTRACTION, SPIDERS, WEB BOTS, CRAWLERS ETC... Craft Cruises provides content via its websites for the sole use of its customers. Activity that is harmful and or not to enhance our customers or future customer experiences or ability to find our websites via data extraction mechanisms is hereby prohibited. 19. EXPORT OF INFORMATIONThis constitutes the entire agreement between the parties with respect to the Website and its use and, except with respect to Craft Cruises Websites containing additional or different terms of use, supersedes all prior agreements, proposals, communications between the parties and understandings, whether written or oral.
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