TERMS AND CONDITIONS OF USE OF MARIPOSA CRUISES LTD., MARIPOSA CRUISES WEB SITE
Please read the following Terms and Conditions carefully before using this Site.
(Last Updated on March 6, 2006)
Terms and Conditions of Use of Site
(a) This web site (the “Site”) is provided by Mariposa Cruises(“Mariposa Cruises”), conditional on your acceptance of the terms and conditions of use set forth below (the “Terms and Conditions”). By visiting or using this Site (collectively, “Use” of the Site), including without limitation to access, use, and/or download messages, information, data, text, software or images, or other Content from this Site, or to send messages, information, data, text, software or images, or other Content to the Site, (collectively, the “Content”), you agree on your own behalf, and on behalf of any entity on whose behalf you may act, to accept and abide by the Terms and Conditions for each Use of and each visit to this Site. If you do not agree to abide by these Terms and Conditions, you should not Use this Site.
The contents of the Mariposa Cruises web site are protected from copying or distribution under national and international copyright laws and treaties throughout the world. Copyright © Mariposa Cruises All rights reserved.
(b) Mariposa Cruises has the right, in its sole discretion, to add to, remove, modify or otherwise change any part of the Terms and Conditions, in whole or in part, at any time. Changes will be effective when notice of such change is posted at this Site. Please check the Terms and Conditions frequently for updates by checking the date of “Last Update” at the top of this document. If any term, condition or any change thereto is not acceptable to you, you must discontinue your Use of this Site immediately. Your continued Use of this Site after any such changes are posted will constitute acceptance of those changes.
(c) These Terms and Conditions apply exclusively to your Use of this Site and do not alter the terms or conditions of any other agreement you may have with Mariposa Cruises.
Participation and Jurisdiction
(a) Regulatory guidelines prohibit the use of this Site by children in the Province of Quebec, Canada, and accessing this Site by children in the Province of Quebec is prohibited.
(b) Mariposa Cruises makes no representation or warranty that Content at this Site are appropriate or available for use at any locations outside Canada. Accessing the Content from locations where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws.
Changes to Site
Mariposa Cruises may, at any time without notice or liability, and for any reason whatsoever, terminate, change, suspend or discontinue any aspect of this Site, including (i) changing the availability of, restricting access to, or imposing limits on any or all features or services on, or links to, the Site (ii) adding, removing or changing any fees or charges for Use of the Site or any other Site-related services (the “Services”) or any features thereof; (iii) removing, adding, modifying or otherwise changing any Content on this Site. Mariposa Cruises reserves the right, in its sole discretion, to correct any errors or omissions in any portion of this Site at any time without notice, but confirms that it has no duty to do so.
You agree to only Use the Site for lawful purposes, and to only send Content and receive Content that is proper and related to the particular Service, and Mariposa Cruises (subject to the Terms and Conditions herein) grants you a Canadian, non-exclusive, non-transferable, non-sublicenseable, revocable, limited right, to so Use the Site solely for your own personal or internal company use. You may download or make a single copy of all or any part of the Content for your own personal use, provided you display our copyright and/or trade-mark notices on your copy (the line at the bottom of this page, and the symbols next to our designs).
You may not, nor may you allow others to, directly or indirectly:
(a) remove, from any copy of the Content, the copyright or other proprietary notices contained in the Content; sell, modify or attempt to modify the Content in any way or reproduce or publicly display, perform, or distribute or otherwise use any Content for any public, commercial, or non-educational or non-personal purpose, including without limitation use of the Content on any other web site; or transfer any of the Content to any other person without the prior written consent of Mariposa Cruises;
(b) print or copy any of the HTML or other computer software that is accessible at this Site;
(c) Use this Site in any manner that could damage, disable, overburden, impair, interfere with the security of, negatively affect the functioning of, or otherwise abuse, this Site or any services, system resources, accounts, servers, networks, affiliated or linked sites, connected to or accessible through this Site (including without limitation uploading, posting or otherwise transmitting on this Site computer viruses, Trojan horses, worms or other files or computer programs which are potentially harmful, disruptive or destructive or that may impose an unreasonable or disproportionately large load on this Site’s infrastructure; or using any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this Site or the Content in whole or in part);
(d) use or attempt to use another’s account, password, or other information in connection with this Site without prior written authorization from Mariposa Cruises; create or use a false identity on this Site, or impersonate any person or entity or otherwise misrepresent your affiliation with any person or entity; or attempt to obtain unauthorized access to this Site; or send to this Site or Mariposa Cruises any incomplete, false or inaccurate information; or
(e) disrupt or interfere with any other person’s use or enjoyment of this Site or affiliated or linked sites, or any services thereof; or delete or revise any Content posted on this Site.
In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted in the course of your usage of this Site, and that you will comply with all laws that apply or may apply to your use of or activities on this Site or in respect of the Content. Mariposa Cruises will investigate occurrences which may involve violations of such laws, and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. Mariposa Cruises reserves the right at all times to disclose any information regarding your usage of the Site as necessary to satisfy any law, regulation or governmental request.
Registration and Password
Certain restricted areas of the Site may require that you register in order to access such areas. You are responsible for maintaining the confidentiality of your registration information (including without limitation and as applicable, any log-in or password), and for all uses of your registration information, whether or not authorized by you. You agree to immediately notify Mariposa Cruises of any unauthorized use of your registration information or of any other breach of security of which you are aware.
(a) This Site, including without limitation all Content, is protected by Canadian and worldwide copyright laws and treaty provisions. Any unauthorized copying, redistribution, reproduction or modification of the Content by any person may be a violation of trade-mark and/or copyright laws and could subject such person to legal action. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the Content. Any software, as well as any files, images generated by such software, code and data accompanying such software (the “Software”), used or accessible through this Site is the copyrighted work of Mariposa Cruises or its licensors. Except as permitted by law, you may not use the Software for any other purpose or attempt to decipher, decompile, disassemble or reverse engineer any of the Software comprising or in any way making up a part of the Site.
(b) Mariposa Cruises’ services, methods and processes may be covered by one or more patents or other statutory intellectual property rights, and are subject to trade secret and other proprietary rights. Mariposa Cruises reserves all such rights.
(c) Certain names, graphics, logos, icons, designs, words, titles and phrases on this Site constitute copyrights, trade-marks, trade names, trade dress and associated products and services of Mariposa Cruises or its affiliates (the “Marks”), and are protected in Canada and internationally and their display on this Site does not convey or create any licence or other rights in the Marks. Any use of any of same, in whole or in part, without prior written authorization of Mariposa Cruises is strictly prohibited. In order to indicate which items are trade-marks, Mariposa Cruises may, without limitation, use an * symbol which refers to a footnote explaining Mariposa Cruises ownership as shown at the end of these Terms and Conditions; may use a © symbol; or may use a differentiating font style.
(d) Other copyrights, trade-marks, trade names, trade dress and associated products and services mentioned on this Site may be the trademarks of their respective owners. The display of these copyrights, trade-marks, trade names, trade dress and associated products and services on this Site does not convey or create any licence or other rights in these copyrights, trademarks or trade names. Any unauthorized use of them is strictly prohibited.
(e) Mariposa Cruises considers all of its intellectual properties to be very important assets of Mariposa Cruises and will protect them from unauthorized use by others. Except as expressly provided herein, Mariposa Cruises does not grant any express or implied right or license to you to use any intellectual property, including without limitation any patent, trademark, copyright, trade secret, or confidential information, of Mariposa Cruises or of any other contributor of Content to the Site.
Advertising and Regulatory Bodies
Any advertising used on this Site will be clearly marked as advertising or a sponsorship. Mariposa Cruises endorses the regulatory guidelines of the Canadian Marketing Association (CMA) and Advertising Standards Canada (ASC). These governing bodies help protect children to ensure a safe and friendly online experience.
Links to Other Sites
Mariposa Cruises may offer certain links to other web sites outside the Mariposa Cruises group of companies. If you use these sites, you will leave this Site. If you decide to visit any linked site, you should take all protective measures to guard against viruses and other destructive elements.
Links do not imply that Mariposa Cruises sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of Mariposa Cruises. You agree that you shall not point or link from a site directly to content within this Site without the express prior written permission of Mariposa Cruises. Mariposa Cruises reserves the right to disable links from third party sites to this Site.
Any of your personal information which Mariposa Cruises collects via this Site is subject to the Privacy Statement, which is incorporated by reference into the Terms and Conditions.
Subject to any applicable law, the requirements of the Privacy Statement, any communications sent by or to you via this Site or otherwise to Mariposa Cruises are on a non-confidential basis, and Mariposa Cruises is under no obligation to refrain from reproducing, publishing or otherwise using them in any way or for any purpose. Mariposa Cruises shall be free to use the content of any such communication, including without limitation any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose including without limitation developing, manufacturing and/or marketing goods and services. You agree to not assert any ownership right of any kind in such communications (including without limitation copyright, trade-mark, patent, unfair competition, moral rights, or implied contract) and you hereby waive the right to receive any financial or other consideration in connection with such communication, including without limitation acknowledgment of you as the source of such communications.
Mariposa Cruises makes reasonable efforts to ensure that the content it provides to the site is accurate and current. However, you acknowledge that:
(a) Mariposa Cruises makes no representation or warranty of any kind regarding the Site, the Content, and each Web site Service, including without limitation as to the truthfulness, accuracy, reliability, currency, veracity or completeness of the Content or about the results to be obtained using the Content or any Web site Service;
(b) that you will be solely responsible for any Content you provide the Site or otherwise provide to Mariposa Cruises, including without limitation for its truthfulness and accuracy; and
(c) that the Site, the Content, and each Web site Service are provided on an “AS IS” basis; and that any use of or reliance on this Site or any Content shall be at your sole risk.
MARIPOSA CRUISES AND ITS AFFILIATES DO NOT MAKE ANY, AND EXPRESSLY DISCLAIM ALL, REPRESENTATIONS, WARRANTIES, COVENANTS AND CONDITIONS, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR ANY IMPLIED REPRESENTATIONS OR WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. FOR GREATER CERTAINTY, MARIPOSA CRUISES DOES NOT WARRANT THAT THIS SITE WILL CONTINUE TO OPERATE WITHOUT INTERRUPTIONS OR BE ERROR-FREE.
Limitation of Liability
YOU AGREE THAT IN NO EVENT WILL MARIPOSA CRUISES OR ANY OF ITS AFFILIATES HAVE ANY RESPONSIBILITY OR LIABILITY IN CONNECTION WITH THIS SITE FOR ANY LOSS OR DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT, NEGLIGENCE OR OTHER LEGAL BASIS, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR HARM TO BUSINESS, LOSS OF INFORMATION OR PROGRAMS OR DATA, LOSS OF PROFIT, LOSS OF SAVINGS, LOSS OF REVENUE, LOSS OF GOODWILL), ARISING FROM OR IN CONNECTION WITH THE USE OF OR ACCESS TO, OR ANY INCONVENIENCE, DELAY OR LOSS OF USE OF OR ACCESS TO, THIS SITE, THE CONTENT, ANY CONTENT OR ANY LINKED WEB SITE, OR FAILURE OF SUCH WEB SITES, (INCLUDING WITHOUT LIMITATION ANY DAMAGES SUFFERED AS A RESULT OF OMISSIONS OR INACCURACIES IN SUCH WEB SITES, CONTENT OR CONTENT, OR THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION TO OR FROM SUCH WEB SITES) EVEN IF MARIPOSA CRUISES OR ANY OF ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS OR IF SUCH DAMAGE OR LOSS WAS FORESEEABLE.
You agree to defend, indemnify and hold harmless each of Mariposa Cruises, its affiliates, and each of their officers, directors, employees and agents, including all third parties mentioned at the Site, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Site and the Content or your breach of the Terms and Conditions.
Choice of Law
This Site is controlled, operated and administered by Mariposa Cruises from its offices within the Province of Ontario, Canada. By accessing this Site, you agree that all matters relating to the access to, or use of, this Site shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without reference to its conflict of laws principles, and that you will comply with all such applicable laws. You agree not to export any of the Content accessible through this Site in violation of applicable export laws and regulations. The United Nations Convention on Contracts for the International Sale of Goods does not apply to the Terms and Conditions.
Any and all disputes arising out of the use of this Site will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Toronto, Ontario in English and governed by Ontario law pursuant to the Arbitration Act, 1991 (Ontario), as amended, replaced or re-enacted from time to time. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Canada and is independent of either party. Notwithstanding the foregoing, in respect of any matter relating to the enforcement of intellectual property rights and protection of confidential information, each party may pursue remedies, including injunctive or other equitable relief, through the courts, in which circumstance the parties hereby agree to submit to the jurisdiction of the courts of Ontario and to waive any objections based upon venue in any such action, suit or proceeding.
The Terms and Conditions constitute the entire agreement between Mariposa Cruises and you with respect to the subject matter hereof, and supersede all communications, representations or agreements, either oral or written, between Mariposa Cruises or its affiliates and you with respect to this subject matter. Any cause of action you may have with respect to your use of this Site or which is the subject of the Terms and Conditions must be commenced within one (1) year after the claim or cause of action arises If for any reason a court of competent jurisdiction finds any provision of the Terms and Conditions or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Terms and Conditions, and the remainder of the Terms and Conditions shall continue in full force and effect. The relationship of the parties is solely that of independent contractors and neither party shall have any authority to act for or bind the other party. No waiver of any provision herein shall be valid unless in writing and signed by an authorized representative of both you and Mariposa Cruises. Mariposa Cruises failure to insist upon or enforce strict performance of any provision of the Terms and Conditions or any right shall not be construed as a waiver of any such provision or right. No changes to the Terms and Conditions shall be made except by a revised posting on this page. The Terms and Conditions shall enure to the benefit of Mariposa Cruises, and its affiliates. Any and all references in the Terms and Conditions to Mariposa Cruises and its affiliates shall, where the context so permits, include Mariposa Cruises’s* parent companies, sister companies, and their respective subsidiaries, affiliates, directors, officers, employees, contractors and agents. The headings contained herein are for convenience only and shall have no legal or interpretive effect. Additional terms and conditions may apply when you use other services, affiliate services, third party content or third party software on or through a link provided on the Site. Mariposa Cruises may assign its rights and duties under this Agreement to any party at any time without notice to you. You may not assign your rights and duties under this Agreement to any party at any time.
Questions on Terms and Conditions
Should you have any questions regarding the Terms and Conditions, you may contact Mariposa Cruises, 207 Queen’s Quay West, Box 101, Suite 415, Queen’s Quay Terminal, Toronto, Ontario, Canada M5J 1A7.