Mobile Device DigiMobile Application License Agreement and Terms of Use
THIS IS AN AGREEMENT BETWEEN YOU AND ROYAL CARIBBEAN INTERNATIONAL (WITH ITS AFFILIATES, “LICENSOR”, “US” OR "WE”) THAT GOVERNS YOUR USE OF THE LICENSOR DIGIMOBILE™ APPLICATION FOR YOUR MOBILE DEVICE (TOGETHER WITH ANY UPDATES AND ENHANCEMENTS TO IT, THE “DigiMobile App”) THAT WE MAKE AVAILABLE TO YOU FOR ACCESSING DIGITAL CONTENT AND OTHER SERVICES (THE “SERVICES”) ON YOUR MOBILE DEVICE (E.G., APPLE IPHONE OR IPAD, ANDROID DEVICE, OR MICROSOFT WINDOWS MOBILE DEVICE) (EACH, A “MOBILE DEVICE”). YOUR USE OF THE DIGIMOBILE APPLICATION IS SUBJECT TO THE terms of this agreement. PLEASE READ THIS licensor MOBILE DEVICE DIGIMOBILE APPLICATION LICENSE AGREEMENT AND TERMS OF USe AND ALL RULES, POLICIES AND TERMS RELATED TO THE SERVICES YOU USE THROUGH THE DIGIMOBILE APPLICATION (COLLECTIVELY, THE “TERMS OF USE”). IF YOU USE THE DIGIMOBILE APPLICATION, YOU WILL BE BOUND BY THESE TERMS OF USE.
1. Use of the DigiMobile Application. Subject to these Terms of Use, we hereby grant you a personal, limited, nonexclusive, nontransferable, nonsublicenseable license to install and use the DigiMobile Application on your Mobile Device. You may use the DigiMobile Application only in connection with the Services and as permitted by these Terms of Use. You may not: (a) separate any individual component of the DigiMobile Application for use other than in connection with the Services provided through it, (b) incorporate any portion of it into your own programs or compile any portion of it in combination with your own programs, (c) transfer it for use with another service, or (d) sell, rent, lease, lend, loan, distribute, publicly communicate, transform, or sub-license the DigiMobile Application or otherwise assign any rights to the DigiMobile Application in whole or in part. No maintenance or support services for the DigiMobile Application are implied by this Agreement and none will be provided except at the sole discretion of Licensor.
2. No Reverse Engineering. You may not, and you will not encourage, assist or authorize any other person to, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the DigiMobile Application, whether in whole or in part, or create any derivative works from or of the DigiMobile Application.
3. Updates. In order to keep the DigiMobile Application up-to-date, we may offer automatic or manual updates at any time and without notice to you. If we elect to provide maintenance or support of any kind, we may terminate that maintenance or support at any time without notice to you.
4. Export Regulations. You will comply with all export and re-export restrictions and regulations of the United States Department of Commerce and other United States and foreign agencies and authorities that may apply to the DigiMobile Application, and not to transfer, or encourage, assist, or authorize the transfer of the DigiMobile Application to a prohibited country or otherwise in violation of any applicable restrictions or regulations.
5. No Illegal Use and Reservation of Rights. You may not use the DigiMobile Application or the Service for any illegal purpose. The DigiMobile Application is the intellectual property of Licensor and its licensors. The structure, organization, and code of the DigiMobile Application are valuable trade secrets and confidential information of Licensor. The DigiMobile Application is protected by law, including without limitation copyright laws and international treaty provisions. Except for the rights explicitly granted to you in these Terms of Use, all right, title and interest in the DigiMobile Application and the Services are reserved and retained by us and our licensors. You do not acquire any intellectual property or other rights in the DigiMobile Application as a result of downloading the DigiMobile Application.
6. Account Registration; Use of Data.
(a) You may register your Mobile Device with your room number and establish an account (the “Account”) with us. Do not reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account, and for all activities that occur on or through your Account, and you agree to immediately notify us of any security breach of your Account. We shall not be responsible for any losses arising out of the unauthorized use of your Account. You agree to provide accurate and complete information when you register with us, and as you use, the DigiMobile Application and the Services (“Registration Data”), and you agree to update your Registration Data to keep it accurate and complete. You agree that we may store and use the Registration Data you provide for use in maintaining your Account, to provide the Services and other technologies to you, billing fees to your Account (if applicable), and improving the DigiMobile Application.
(b) You agree that we may collect, store and use technical data and related information (“Technical Data”)—including but not limited to technical information about your Mobile Device, system and application software, and peripherals—that is gathered periodically to maintain your Account, to provide Services and other technologies to you, to provide updates and support for the DigiMobile Application, and to improve the DigiMobile Application.
7. Disclaimer of Warranties and Limitation of Liability.
(a) YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT INSTALLATION AND USE OF, AND ANY OTHER ACCESS TO, THE DIGIMOBILE APPLICATION IS AT YOUR SOLE RISK. THE DIGIMOBILE APPLICATION IS DELIVERED TO YOU “AS IS” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR, ITS LICENSORS AND DISTRIBUTORS, WIRELESS CARRIERS OVER WHOSE NETWORK THE DIGIMOBILE APPLICATION IS DISTRIBUTED, AND EACH OF THEIR RESPECTIVE AFFILIATES AND SUPPLIERS (COLLECTIVELY, THE “RELEASED PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A RELEASED PARTY OR AN AUTHORIZED REPRESENTATIVE OF A RELEASED PARTY WILL CREATE A WARRANTY. THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
(b) SUBJECT TO SECTION 7(c) BELOW AND TO THE EXTENT NOT PROHIBITED BY LAW, NO RELEASED PARTY WILL BE LIABLE TO YOU FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY RELATED TO THE DIGIMOBILE APPLICATION OR THE SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGES ARISING OUT OF LOSS OF PROFITS, REVENUE, DATA, OR USE OF THE DIGIMOBILE APPLICATION OR THE SERVICES, EVEN IF A RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, ANY RELEASED PARTY’S AGGREGATE LIABILITY UNDER THESE TERMS OF USE WILL BE LIMITED TO $50.00. THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
(c) Subject to the provisions in Subsection 7(c)(iii) below, the Released Parties’ statutory liability for damages (regardless of the legal grounds of any claim) will be limited as follows (provided, however, that any applicable broader statutory limitations of the Released Parties’ liability will remain unaffected):
(i) The Released Parties will be liable only up to the amount of damages that are typically foreseeable at the time of your consent to the Terms of Use with respect to damages caused by a breach of a simple negligent material contractual obligation (e.g., a contractual duty the fulfillment of which enables the proper implementation of these Terms of Use between you and us, the breach of which will endanger the purpose of the agreement and on the fulfillment of which you would regularly rely);
(ii) The Released Parties will not be liable for damages caused by a simple negligent non-material contractual obligation; and
(iii) The aforesaid limitation of liability will not apply to any mandatory statutory liability or liability for damages caused by willful or grossly negligent misconduct, or any kind of willfully or negligently caused personal injuries.
8. Indemnification. You are liable for and will defend, indemnify, and hold harmless the Released Parties and their officers, directors, agents, and employees, from and against any liability, loss, damage, cost, or expense (including reasonable attorneys’ fees) arising out of your use of the DigiMobile Application or the Services, violation of the Agreement, violation of applicable law, or violation of any right of any person or entity, including without limitation intellectual property rights.
9. Use of Third Party Services. When you use the DigiMobile Application or the Services, you may also be using the services of one or more third parties, such as a wireless carrier or mobile platform provider, (collectively and individually, “Third Party Services”), and you acknowledge that your use of those Third Party Services may be subject to the separate policies and terms of use, including fees, of one or more third parties. Third Party Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party websites. By using the Third Party Services, you acknowledge and agree that we are not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of the Third Party Materials or websites. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any Third Party Services, Third Party Materials or websites, or for any other materials, products, or services of third parties. Third Party Materials and links to other websites are provided solely as a convenience to you. Location data provided by any Third Party Services is for basic navigational purposes only, may not be accurate, and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Use of real time route guidance is at your sole risk. You agree that any Third Party Services may contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use the proprietary content, information or materials in any way whatsoever except for permitted use of the Third Party Services.
10. Information Received. The DigiMobile Application will provide us with data about it and its interaction with the content you access using the DigiMobile Application and your use of it. Any information provided to us may be stored on servers at the location and elsewhere in the U.S. and is subject to these Terms of Use.
11. Changes to the Service. We may modify, suspend, discontinue, or terminate your right to use part or all of the DigiMobile Application or the Services at any time without notice to you, and in that event we may modify the DigiMobile Application to make it inoperable. Licensor will not be liable to you should it exercise those rights.
12. Termination. You may terminate these Terms of Use at any time by uninstalling or destroying all copies of the DigiMobile Application that are in your possession or control. Your rights under these Terms of Use will automatically terminate without notice from us if you fail to comply with any of its terms. In the case of termination, you must cease all use and destroy all copies of the DigiMobile Application, and we may immediately revoke your access to the Services without notice to you. We may also terminate your right to use the DigiMobile Application at any time and if we do so, we may modify the DigiMobile Application to make it inoperable. Our failure to insist upon or enforce your strict compliance with these Terms of Use will not constitute a waiver of any of our rights.
13. Amendment. We may amend any of these Terms of Use at our sole discretion by posting the revised terms within the DigiMobile Application. Your continued use of the DigiMobile Application or the Service after any amendment's effective date evidences your agreement to be bound by it.
14. Conflicts. The terms of these Terms of Use govern the DigiMobile Application and any updates or upgrades to the DigiMobile Application that we may provide that replace or supplement the original DigiMobile Application, unless the update or upgrade is accompanied by a separate license, in which case the terms of that license will govern. If we provide specific terms of use for a particular Service and there is a conflict between the specific terms of use for the particular Service and these Terms of Use, the specific terms of use for the particular Service will govern.
15. Additional Terms.
(a) Additional Apple Device Terms. This Section 15(a) applies to you only if you use the DigiMobile Application on an Apple device (e.g., iPhone, iPad, iPod Touch) (any such device, an “Apple Device”); Section 15 does not apply to you if you do not use the DigiMobile Application on an Apple Device. As between us and Apple, Inc., we are solely responsible for the DigiMobile Application on your Apple Device, and you may use the DigiMobile Application on your Apple Device only as permitted by these Terms of Use and the “Usage Rules” set forth in the Application Store Terms and Conditions. Furthermore, as between us and Apple Inc., to the extent that: (a) we are required to address any claims related to your or a third party’s use or possession of the DigiMobile Application on your Apple Device, we will be responsible for addressing, investigating, or defending the claim, and (b) we have not effectively disclaimed any warranties relating to the DigiMobile Application on your Apple Device, we will be solely responsible for any product warranties or other claims, losses, liabilities, damages, costs or expenses if the DigiMobile Application on your Apple Device fails to conform to any warranty. If the DigiMobile Application on your Apple Device fails to conform to any applicable warranty, you may notify Apple Inc. for a refund of the purchase price of the DigiMobile Application on your Apple Device, if any. Apple Inc. will not have any other warranty obligations whatsoever with respect to the DigiMobile Application on your Apple Device. Apple Inc. and its subsidiaries are third party beneficiaries to these Terms of Use and upon your acceptance of these Terms of Use, Apple Inc. and its subsidiaries may enforce these Terms of Use against you as a third party beneficiary of these Terms of Use.
(b) Additional Android Device Terms. This section 15(b) applies to you only if you use the DigiMobile Applications on a Mobile Device with an Android operating system. Your use of the DigiMobile Applications are subject to the Android Market Terms of Service found at http://www.google.com/mobile/android/market-tos.html.
(c) Additional Microsoft Device Terms. This section 15(c) applies to you only if you use the DigiMobile Applications on a Mobile Device with a Microsoft operating system. Your use of the DigiMobile Applications are subject to the terms of Microsoft’s Zune terms of service found at http://www.zune.net/en-US/legal/termsofservice.htm.
16. Miscellaneous.
(a) These Terms of Use constitute the entire agreement between you and us and govern your use of the DigiMobile Application and the Services, superseding any prior agreements between you and us. You also may be subject to additional terms and conditions that may apply when you use Third Party Services. If any part of these Terms of Use are held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
(b) We shall not be responsible for failures to fulfill any obligations due to causes beyond our control.
(c) The Services are operated by us from our offices in the United States. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the DigiMobile Application or the Services. These Terms of Use are governed by Florida law, without giving effect to its conflict of law provisions. You expressly agree that exclusive jurisdiction for any claim or dispute with us or relating in any way to your use of the DigiMobile Application or the Services resides in the U.S. District Court for the Southern District of Florida or in the 17th Judicial Circuit of Florida, Broward County, Florida.
(d) We may notify you with respect to these Terms of Use by sending an email message to your Account email address or a letter via postal mail to your Account mailing address, or by posting on the Services. Notices shall become effective immediately.
(e) We reserve the right to take steps we believe are reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms of Use. You agree that we have the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as we believe is reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms of Use.
17. Contact Information. For communications concerning these Terms of Use, please write to Royal Caribbean International.