YOUR USE OF THE SITE AND/OR THE SERVICE, OR BY CLICKING "I ACCEPT" IF PRESENTED WITH THIS TOU IN A CLICK-THROUGH FORMAT, SIGNIFIES YOUR AGREEMENT TO THIS TOU AND CONSTITUTES YOUR BINDING ACCEPTANCE OF THIS TOU, INCLUDING ANY MODIFICATIONS THAT Carnival Raffles MAKES FROM TIME TO TIME IN ACCORDANCE HEREWITH.
If you do not agree to this TOU, you may not use the Site or the Service.
You may not use the Service and you may not accept this TOU if you are not at least sixteen (16) years of age. If you use the Site and/or Service, or you click "I Accept" if presented with this TOU in a click-through format, you represent to Carnival Raffles that you have the legal capacity to be bound by this TOU. Carnival Raffles may amend this TOU at any time by posting the amended TOU on the Site, and you agree that you will be bound by any changes to this TOU. The effective date of this TOU is included at the top of this page. Carnival Raffles may make changes to the Site and/or the Service at any time. You understand that Carnival Raffles may discontinue or restrict your use of the Site and/or the Service for any reason or no reason with or without notice.
(a) Carnival Raffles, through the Service, provides content for free viewing by visitors to the website ("General Content"). Carnival Raffles also provides exclusive content not available for free viewing through subscription memberships for which members pay subscription fees ("Exclusive Membership Content"). Ancillary to the General Content, Carnival Raffles provides certain promotions on the Site ("Promotions") for chances to win prizes as provided on the Site ("Prizes") (the chances to win Prizes through the Promotions are referred to as the "Sweepstakes"). Participants may enter Promotions by creating an Account (defined below) and/or by either using the Free Alternate Methods of Entry (as defined in the Rules), or by using any other free mechanisms that Carnival Raffles provide from time to time. The Promotions and all entries thereto are void where prohibited by law through no further act of any party. In addition, if you are registering for or participating in a Promotion, participation is subject to Carnival Raffles's Official Sweepstakes Rules and Regulations available through the Site and any other rules and regulations applicable to such Promotion, as they may be amended and/or restated from time to time (collectively, the "Rules"). If this TOU conflicts with or is inconsistent with any of the Rules, this TOU shall be controlling.
(b) Carnival Raffles reserves the right, without prior notice and at any time, to terminate any Promotion and/or the Service (including the Exclusive Membership Content), in whole or in part, or modify or suspend any Promotion and/or the Service, or any portion thereof, in any way, if it determines, in its sole discretion, that the Promotion and/or Service is impaired or corrupted or that fraud, breach of confidentiality, or technical problems, failures or malfunctions have destroyed or severely undermined the integrity and/or feasibility of the Promotion and/or Service or if Carnival Raffles determines, in its sole discretion, that the Promotion and/or Service is otherwise not feasible. In the event Carnival Raffles is prevented from continuing with the Promotion and/or Service as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health or other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal, state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within Carnival Raffles's control (each a "Force Majeure" event or occurrence), then subject to any governmental approval which may be required, Carnival Raffles shall have the right to modify, suspend, or terminate the Promotion and/or Service. Only the type and quantity of Prizes described in the Rules will be awarded as provided under the Rules. If, due to printing, production, or human errors, or for any reason, more potential winners in any Prize category come forward seeking to claim Prizes in excess of the number of each type of Prize as set forth in the Rules, the winners, or remaining winners, as the case may be, of the advertised number of Prizes available in the Prize category in question may be selected in a random drawing from among all persons making purportedly valid claims for such Prize(s) in that Prize category. Inclusion in such drawing shall be your sole and exclusive remedy under such circumstances.
(c) Carnival Raffles employees, directors, managers and their respective immediate family members (i.e., parents, spouses, domestic partners, siblings and children) or any other person residing in the same household as a Carnival Raffles employee, director or manager may not win the offered Promotions.
Carnival Raffles endeavors to support charitable causes. Accordingly, Carnival Raffles will donate a portion of its profits to certain charitable causes.
You are responsible for any Internet connection and telecommunication fees and charges that you incur when accessing the Site and/or the Service.
To use certain portions of the Site and Service, you will be directed to register on the Site and create a user profile or account (an "Account"). Eligibility to create an Account is limited to persons age thirteen (13) and older, or to persons who have reached the age of majority in their countries of residence. As part of the registration process, you may be asked to submit your name, address, email address, date of birth and/or similar information and to select a password. You hereby agree, represent and warrant to Carnival Raffles that all information you provide to Carnival Raffles for purposes of creating an account ("Registration Information") will be true, accurate, current and complete and your failure to provide such information shall constitute a breach of this TOU. You agree to
In creating an Account, you shall not
You understand and agree that you have no ownership rights in your Account and Carnival Raffles may stop offering the Service and the Site (including Exclusive Membership Content) at any time for any reason or no reason. Further, Carnival Raffles may cancel your Account and Carnival Raffles may delete all of your Registration Information and any other information you have provided through the Site (collectively, "User Content") associated with your Account at any time, without notice, for any reason or no reason including, without limitation, your violation of this TOU. You agree Carnival Raffles will not be liable for any damages or loss resulting from the removal of any User Content from the Site and/or the Service or for termination of any Account or deletion of any Registration Information and you hereby release Carnival Raffles from all claims therefor. You may cancel your Account at any time and cancellation will take effect promptly receipt of your notice of cancellation delivered to Carnival Raffles. Carnival Raffles reserves the right to temporarily or permanently restrict or block access to the Site and/or the Service to any users who have had their Accounts cancelled.
(a) You agree that you will not, in connection with your use of the Site, or Service, violate any applicable law or regulation. Without limiting the foregoing, you agree not to
Furthermore, you may not use the Site to develop, generate, transmit or store information that:
(b) You agree that you will not
(c) You agree and understand that all data, information, text, software, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, on the Site or through the use of the Site or the Service, are the sole responsibility of the person posting or transmitting such Content. Carnival Raffles does not control the Content posted on the Site or transmitted through the use of the Site or the Service by persons other than Carnival Raffles and, as such, Carnival Raffles does not guarantee, and shall not be responsible for any deficiencies relating to, the accuracy, reliability or quality of such Content. Further, you acknowledge that Carnival Raffles may or may not pre-screen Content that is displayed on the Site or transmitted through the use of the Site or the Service and that Carnival Raffles's pre-screening of any Content is not a representation, warranty, promise or covenant of Carnival Raffles to pre-screen any other Content. You agree and understand that by visiting the Site or using the Service, you may be exposed to Content that you may consider to be offensive, indecent or objectionable. You agree that under no circumstances will Carnival Raffles be liable in any way for any user-generated Content 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 any Content posted, emailed, transmitted or otherwise made available on the Site or through the use of the Site or the Service and you hereby release Carnival Raffles from all such claims.
(d) The Site may provide forums and/or chat features enabling users to post user observations and comments. Carnival Raffles makes no representation or warranty that other members or users will not use the ideas and/or information that you share and you release Carnival Raffles from all claims therefor. If you have ideas and/or information that you want to remain confidential and/or do not want others to use, do not post them via the Site. You agree Carnival Raffles shall have no responsibility to evaluate, use or compensate you for any ideas and/or information that you submit on the Site or through the use of the Site or Service. You agree Carnival Raffles has no responsibility or liability for the use, misuse, appropriation or misappropriation of the ideas and/or information shared by any member or user on the Site.
(e) All comments, feedback, suggestions, ideas, and other submissions that you disclose, submit or offer to Carnival Raffles in connection with your use of the Site or Service, such as your suggestions regarding improvements that Carnival Raffles make to the Site or Service (collectively, "Comments") will become Carnival Raffles's exclusive property upon submission thereof. Such disclosure, submission or offer of any Comments shall constitute an immediate assignment to Carnival Raffles of all worldwide right, title and interest in all patent, copyright, trademark, and all other intellectual property and other rights whatsoever in and to the Comments and a waiver of any claim based on moral rights, unfair competition, breach of express or implied contract, breach of confidentiality, misappropriation, conversion, estoppel and any other legal theory relating to submissions. Thus, Carnival Raffles will own exclusively all such rights, title and interest and shall not be limited in any way in the use, commercial or otherwise, of any Comments. You should not submit any Comments to Carnival Raffles if you do not wish to assign such rights to Carnival Raffles. You agree Carnival Raffles is not under any obligation with regard to your Comments, including to:
(f) Your User Content, and the contents of all of your Comments and other online communications (including without limitation chat text, voice communications, IP addresses and your personal information) may be accessed and monitored by Carnival Raffles as necessary to provide the Service and may be disclosed:
(g) When accessing the Site you agree to obey the law and to respect the intellectual property rights of others. Your use of the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights. You shall be solely responsible for any violations of any relevant laws and for any infringements of third-party rights caused by any content you provide or transmit, or that is provided or transmitted using your account. You hereby agree to indemnify Carnival Raffles for any claim against it resulting from or related to your breach of this Section 7(g). The burden of proving that any content does not violate any laws or third-party rights rests solely with you.
(h) The Site and the Service are operated by Carnival Raffles in certain jurisdictions. Those who choose to access the Site, and/or the Service from locations outside these jurisdictions do so at their own peril and are responsible for compliance with applicable local laws.
(i) Any and all rights in the online services are and shall remain the exclusive property of Carnival Raffles or its licensors. For purposes of clarity, "online services" includes any and all content on the online services, such as, but not limited to, text, images, graphics, logos, page headers, button icons, images, audio clips, digital downloads, data compilations, software, trademarks, service marks, trade dress, audio, video, data and other materials (together, "content") as well as any part of the online services. The online services are licensed, not sold, to you. Nothing in these terms intends to transfer any such rights to, or to vest any such rights in, you. You may not take any action to jeopardize, limit or interfere with Carnival Raffles's or its licensors' rights. Subject to these terms, you are granted a personal, non-exclusive, non-transferable and revocable license to use the online services solely for your own personal, non-commercial purposes and solely in accordance with these terms. For purposes of clarity, "Use" includes access, interaction with, and display. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights these terms expressly grant to you. Carnival Raffles reserves all other rights. You acknowledge the online services may include inaccuracies or errors.
Third-party services, content, information and products may be made available by Carnival Raffles on or through the Site ("Third-Party Products"). Third Party Products are provided solely for the convenience of Site users and Carnival Raffles makes no representations or warranties regarding any Third-Party Products and takes no responsibility and assumes no liability for any Third-Party Products. Third-Party Products are subject to the applicable terms and policies of the third parties that offer them.
The Site may contain links to websites operated by other parties. Carnival Raffles provides these links to other websites as a convenience, and you agree use of these sites is at your own risk. You acknowledge the linked sites are not under the control of Carnival Raffles and Carnival Raffles is not responsible for the content available on the other sites. Such links do not imply Carnival Raffles's endorsement of information or material on any other site and Carnival Raffles disclaims all liability with regard to your access to and use of such linked websites.
You may not place a link to the Site on another website without Carnival Raffles prior written consent and, without limiting the foregoing, you must adhere to Carnival Raffles's linking policy as follows:
The interfaces, content, arrangement and layout of the Site including, but not limited to, the Carnival Raffles trademark and logo, designs, text, artwork, graphics, images, buttons, user interfaces, information and other content, and any compilation of the foregoing (collectively, "Carnival Raffles Intellectual Property") are the property of Carnival Raffles, except where otherwise expressly noted, and are protected from copying, imitation, communication, or simulation under U.S. and international laws and may not be reproduced, modified, communicated, displayed, distributed, or transmitted without the prior written permission of Carnival Raffles. You understand and acknowledge that, by visiting the Site, you do not acquire or obtain by implication or otherwise, any license or right to use or make additional copies of any materials or information displayed on the Site. You agree not to display or use any Carnival Raffles Intellectual Property or third-party content located on the Site in any manner not expressly permitted under this TOU.
Carnival Raffles PROVIDES THE SERVICE "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. Carnival Raffles DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Carnival Raffles DOES NOT WARRANT OR MAKE ANY REPRESENTATION THAT THE SERVICE WILL BE ACCURATE, RELIABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME TOTAL RESPONSIBILITY RELATED TO YOUR USE OF THE SERVICE. FURTHER, Carnival Raffles PROVIDES THE PRIZES IN ACCORDANCE WITH THE SWEEPSTAKES "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. Carnival Raffles DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OF A PRIZE. Carnival Raffles DOES NOT WARRANT OR MAKE ANY REPRESENTATION THAT THE PRIZES WILL BE ACCURATE, RELIABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PRIZES ARE FREE HARMFUL COMPONENTS. YOU ASSUME TOTAL RESPONSIBILITY RELATED TO YOUR USE OF THE SERVICE. YOUR SOLE REMEDY AGAINST Carnival Raffles AND ALL OTHER MEMBERS OF THE Carnival Raffles SYSTEM FOR DISSATISFACTION WITH OR HARM FROM THE SERVICE OR ANY PRIZE IS TO STOP USING THE SERVICE OR PRIZE. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. THESE WARRANTY EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Carnival Raffles OR ANY OF ITS AFFILIATES, TOGETHER WITH ITS RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, MEMBERS, MANAGERS, EMPLOYEES AND AGENTS, BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS TOU, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR
You hereby agree to indemnify and hold Carnival Raffles and its managers, members, employees, representatives and agents harmless from and against, and shall on proper demand pay and reimburse them for, any loss, liability, damage, cost or expense (including reasonable attorneys' fees) suffered or incurred thereby by reason of any misrepresentation, breach or nonfulfillment of any covenant or agreement by you contained in this TOU.
This TOU shall be governed by, and will be construed under, the laws of the Curaçao, without regard to choice-of-law principles. All disputes arising out of or related to your use of the Site, the Software, the Service and/or any Prize shall be subject to the exclusive jurisdiction of Curaçao, and you agree to submit to the personal jurisdiction of such courts.
This TOU cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Carnival Raffles. The invalidity or unenforceability of any provision of this TOU shall not affect the validity or enforceability of any other provision. In the event that any provision of this TOU is determined to be invalid or otherwise unenforceable or illegal, this TOU shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
(a) You agree that no joint venture, partnership, employment, or agency relationship exists between you and Carnival Raffles as a result of this TOU or your use of the Site, the Software, the Service or any Prize.
(b) Carnival Raffles may assign this TOU, in whole or in part, to any person or entity at any time with or without your consent. You may not assign this TOU without Carnival Raffles prior written consent, and any unauthorized assignment by you shall be null and void.
(c) You shall be solely responsible for the S&H and tax consequences of your winning and/or your receipt of any Prize.
(d) If any of the provisions of this TOU is found to be invalid or unenforceable, then that provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect.
(e) In the event any litigation is brought by either party in connection with this TOU, the prevailing party in such litigation shall be entitled to recover from the other party all the reasonable costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.
(f) Our failure to enforce any provision of this TOU shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by Carnival Raffles of any provision, condition or requirement of this TOU shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
(g) All notices given by you or required under this TOU shall be in writing and addressed to: Carnival Technologies Holdings Ltd B.v, Curaçao
(h) You hereby agree that Carnival Raffles would be irreparably damaged if the terms of this TOU were not specifically enforced, and therefore you agree that Carnival Raffles shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this TOU, in addition to such other remedies as Carnival Raffles may otherwise have available to Carnival Raffles under applicable laws.
(i) This TOU, including the documents expressly incorporated by reference, constitutes the entire agreement between you and Carnival Raffles with respect to subject matter herein and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and Carnival Raffles with respect to the Site, the Software and/or the Service.
All questions and concerns regarding this TOU should be directed to Raffles@Carnival.Technology