Terms of Service
TABLE OF CONTENTS
1. Introduction
2. Accessing the Service and Account Security
3. Ownership and Usage Restrictions
4. Payment Terms
5. Accuracy of Information and Reliance on Information Posted
6. Linking to the Services
7. Linked Sites
8. Prohibited Uses
9. User Contributions
10. Content Standards
11. Copyright Complaints and DMCA Copyright Agent
12. Geographic Restrictions
13. Disclaimers and Limitation of Liability
14. Indemnification
15. Binding Arbitration of Most Disputes; No Class Relief
16. Dispute Resolution (if and only if a tribunal has ruled that arbitration is prohibited by applicable
law)
17. Additional Terms
18. Contact Us
19. Terms and Conditions for Residence, Visits and Passage On M/V The World
Welcome to the Terms of Service of ROW Management, Ltd., a company registered in The Bahamas having its principal office at 1551 Sawgrass Corporate Parkway, Suite 200, Ft. Lauderdale, Florida 33323 (ROW Management, Ltd., together with its subsidiaries, divisions, and affiliates, “we,” “us,” or “The World”).
These Terms of Service (these “Terms”) apply to and govern your access to and use of any website, mobile site or app, social media site, software, applications, email exchange of information, and any other digital platform, including any services, features, pages, and functions contained or offered therein, including any transactions, orders, sales, purchases, or the acquisition of goods or services (collectively the “Services”), that are owned, operated, or provided by The World.
The World offers the Services, including all information, tools, services, goods, and products available through the Services, to you, conditioned upon your acceptance of all terms, conditions, policies, and notices stated herein or incorporated by reference. Please read these Terms carefully before using our Services or making any transaction, order, or purchase. By making any transaction, order, or purchase or by visiting or otherwise using the Services, you acknowledge, accept, and agree to be bound and abide by these Terms. You also acknowledge, agree, and consent to our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms or our Privacy Policy, then accessing the Services is strictly prohibited, and you must immediately exit and cease using the Services.
By using the Services, you agree that you are at least the legal age of majority in the jurisdiction in which you reside. The Services are only offered and available to users who are at least eighteen years of age or older. IF YOU ARE UNDER THE AGE OF EIGHTEEN YOU ARE NOT AUTHORIZED TO USE THE SERVICES.
We reserve the right to change these Terms at any time and at our sole discretion. Changes include, without limitation, changes to fee and payment policies, security patches, added or removed functionality, and other enhancements or restrictions. Any changes to these Terms will be effective immediately upon posting and you agree to the new posted Terms by continuing your use of the Services. It is your responsibility to check periodically for any changes we may make to these Terms. The date of the latest revision to these Terms is available at the top of this page. The World shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Services.
THESE TERMS AFFECT YOUR LEGAL RIGHTS, RESPONSIBILITIES, AND OBLIGATIONS, GOVERN YOUR USE OF THE SERVICES, ARE LEGALLY BINDING, LIMIT THE WORLD’S LIABILITY TO YOU, AND REQUIRE YOU TO INDEMNIFY THE WORLD AND TO SETTLE CERTAIN DISPUTES THROUGH ARBITRATION. YOUR CONTINUED USE OF THE SERVICES AFFIRMS YOUR AGREEMENT TO THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OR ANY FUTURE MODIFICATIONS OR AMENDMENTS TO THESE TERMS, DO NOT USE THE SERVICES.
These Terms are written in the English language. We do not guarantee the accuracy of any translated versions of these Terms. To the extent any translated versions of these Terms conflict with the English language version, the English language version of these Terms shall control. All persons accessing or using this website agree to the following terms and conditions.
2. ACCESSING THE SERVICE AND ACCOUNT SECURITY
We reserve the right to withdraw or amend the Services at our sole discretion and without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Services, to certain users.
To access the Services, you may be asked to provide certain registration details or other information, or may be provided with a username, password, or other piece of information as part of our security procedures.
As a condition of your use of the Services, you agree:
- that you will not utilize any automated means to use or access the Services in whole or in part;
- that you are prohibited from using or accessing the Services if you are a person or entity barred from receiving the Services under the laws of the United States or other countries, including the country in which you are resident or from which you use or access the Services;
- that your account is personal to you and thus you will not provide any other person with access to the Services through the use of your personal account;
- to maintain the confidentiality of any account you use on or for the Services and any information related thereto, including usernames and passwords;
- that you will log out of your account at the end of each session;
- that you will use caution when accessing your account from a public or shared computer
- so that others are not able to view or record your password or other personal
information; - that any information that you provide on the Services will be correct, current, and complete;
- that you are solely responsible for all access to and use of the Services, including without limitation, with respect to any communications, transmissions, orders, payments, financial transactions, and other obligations incurred through such access or use, by anyone using your account, username, password, or other identification or credentials, on or for the Services, whether or not such access to and use of the Services is actually authorized by you;
- to notify us immediately of any unauthorized use of the Services, including any compromise of your account information or login credentials, and any other breach of security;
- to promptly change your password if you suspect it has been compromised; and
- not to sell, transfer, or assign your account or any account rights.
The World is not responsible for any unauthorized accounts that may appear on the Services, and in the event of any dispute as to account creation or authenticity, we shall have the sole right, but are not obligated, to resolve such dispute as we determine appropriate in our sole and exclusive discretion, with or without notice. We may also disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms. We further reserve the right to take any action we deem necessary or reasonable to maintain the security of the Services or of any account, including without limitation, suspending or terminating an account or a user’s access to the Services. While we will take prudent steps to protect all accounts and the security of information on the Services, you understand that we cannot protect your information outside of the Services.
You also understand and agree that The World may assume that any transaction, order, purchase, or communications we receive through your account have been made or authorized by you. The World expressly disclaims any liability from misuse of any and all accounts, and in no event will we be held liable to you for any liabilities or damage resulting from or arising out of (i) any action or inaction taken under this provision; (ii) any compromise of the confidentiality of your account, username, password, or other identification or credentials; or (iii) any unauthorized access of your account or use of your username or password. You agree to defend, indemnify, and hold The World harmless from and against all third-party claims, damages, and expenses (including reasonable attorney’s fees) against or incurred by The World arising out of your breach of these Terms or violation of applicable law, your use or access of the Services, or access by anyone accessing the Services using your account, username, password, or other identification or credentials.
3. OWNERSHIP AND USAGE RESTRICTIONS
The Services and its entire contents, features, and functionality, including without limitation all information, copyrights, patents, trademarks, service marks, and trade names, as well as all logos, text, design, graphics, displays, video, logos, icons, images, audio, downloads, interfaces, code, and software, as well as the selection and arrangement thereof, and all other intellectual property (collectively, the “Content”), are all proprietary and owned or controlled by The World, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws to the fullest extent possible.
These Terms grant you a limited, revocable, nontransferable, nonexclusive license to use the Services and Content solely for your own personal, non-commercial use. You understand and agree that this license is not a transfer of title, right, or interest in the Services or Content, and that you are strictly prohibited from copying, modifying, recording, screen capturing, reproducing, publicly displaying, creating derivative works of, or attempting to decompile, reverse engineer, or otherwise extract the source code of the Services or Content, or any part thereof; using the Services or Content for any commercial purpose; removing any copyright, trademark, or other proprietary notations from the Services or Content; and otherwise infringing upon the intellectual property rights of The World or its licensors. The contents of this website may not be copied, republished, distributed, altered or used for any purpose except as explicitly set forth in this website or approved in writing by The World.
This license shall automatically terminate if you violate any of these restrictions, or any provision of the Terms, and may be terminated by The World at any time for any or no reason. Upon termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format and immediately cease all access and use of the Services. Except as expressly provided in these Terms, no assignments or license of intellectual property are granted by The World.
Some features of the Services may require you to make certain payments, such as any transaction, order, or purchase of products. Any fees that The World may charge you for your use of or access to the Services are due immediately when charged by The World. The World reserves the right to determine and change any payment term, rate, mechanism, or structure at any time with notice to you. The World, in its sole discretion, may offer credits or refunds on a case-by-case basis. Product prices and related fees will be displayed in United States Dollars. By confirming your purchase at the end of the checkout process, you agree to accept and pay all costs and fees as well as any and all shipping and handling charges and applicable taxes and currency conversion fees.
The World may use third party services to process payments, which have their own separate terms of service. While The World will use commercially reasonable efforts to ensure the security of all payment information such as credit cards or bank account numbers, The World expressly disclaims any liability for any damage that may result should any third parties gain access to such information, and you agree to hold The World harmless for any damages that may result therefrom.
You represent and warrant that you have the right to use any credit card or other means of payment that you provide to us. All billing information you provide to us must be current, complete, truthful, and accurate. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. Providing any untruthful or inaccurate information is a breach of these Terms and may result in the cancellation of your account. In addition, verification of information may be required prior to the acknowledgment or completion of any purchase or transaction. We reserve the right to refuse or cancel any purchase or transaction for any reason including limitations on availability, inaccuracies, or errors in service or pricing information, or other problems identified by us, such as fraud.
The World may request pre-authorization for some purchases made online with a credit or debit card. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre- authorization is held. We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction. We are not responsible for any fees or charges that your bank or credit card issuer may apply.
If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
5. ACCURACY OF INFORMATION AND RELIANCE ON INFORMATION POSTED
The World attempts to ensure that information on the Services is complete, accurate, and current. However, despite our efforts, the information on the Services may occasionally be inaccurate, incomplete, or out of date. Additionally, while The World makes all reasonable efforts to accurately display the attributes of its products and services, we cannot and do not guarantee that any device will accurately display such attributes.
Accordingly, we do not warrant the completeness, accuracy, timeliness, or usefulness of any information on the Services, which includes, but is not limited to, any information related to product or service specifications or pricing, and any reliance you place on such information is strictly at your own risk. The information and material presented on or through the Services is made available solely for general information purposes only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. The Services may also contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify our Content and the Services at any time, but we have no obligation to update our Content or the Services. You agree that it is your responsibility to monitor changes to our Content and the Services.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We further reserve the right to limit the quantities of any products that we offer. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the possession, use, and sale of any product or service obtained through the Services. You agree that any product or service obtained by you will only be used in a lawful manner. The World disclaims all liability and responsibility arising from any reliance placed on any materials or information on the Services. Additionally, to the extent that the Services includes content provided by third parties, you understand and agree that all statements and opinions expressed in such third-party information or materials are solely the statements, opinions, and responsibility of the third party providing such information or materials. Except as otherwise provided by us, these materials do not necessarily reflect the opinion of The World, and we are not responsible, or liable to you or any third party, for the content or accuracy of any information or materials provided by any third parties.
Creating or maintaining any link to any page or portion of the Services, or running or displaying the Services or any Content in any format without The World’s prior written permission, is strictly prohibited. Any permitted links to the Services must comply with all applicable laws, rules, and regulations. In the event you are permitted to link to the Services, you must also do so in a way that is fair and legal and complies with these Terms, does not dishonestly damage our reputation or take advantage of it, and does not suggest any form of association, approval, or endorsement on our part. The website from which you are linking, or on which you make certain content accessible, must also comply in all respects with the Content Standards set out in these Terms. You agree to cooperate with us in immediately ceasing any unauthorized display or linking of the Services or Content. We reserve the right to withdraw permission without notice, and we may disable all or any social media features and any links at any time without notice in our discretion.
The Services may provide links to other third-party websites (“Linked Sites”). The World has not reviewed all of the information on the Linked Sites, does not maintain Linked Sites, and cannot control the completeness, accuracy, or security of the content contained on any Linked Site, or the privacy policies of any Linked Site. The content, materials, and information contained on any Linked Site is solely the responsibility of the provider of that Linked Site. The World is not responsible for the contents of any such Linked Site, and the inclusion of any link to a Linked Site does not imply endorsement by The World of the Linked Site. The views and opinions expressed in Linked Sites are those of the authors or third parties and do not necessarily reflect the official policy or position of The World.
If you decide to access any Linked Site, you do this entirely at your own risk. References to any names, marks, products, or services of any third parties, third-party information, or Linked Sites are provided solely as a convenience to you, and do not constitute or imply an endorsement, sponsorship, recommendation of, or affiliation with, the third party or its products and services. The World makes no representation or warranty as to any Linked Site content, products, or services, and you agree that The World shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, products, or services available on or through any Linked Site or similar resource.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR SPECIAL LOSS, OR OTHER DAMAGE, WHETHER ARISING FROM NEGLIGENCE, BREACH OF CONTRACT, DEFAMATION, INFRINGEMENT OF COPYRIGHT, OR OTHER INTELLECTUAL PROPERTY RIGHTS, CAUSED BY THE EXHIBITION, DISTRIBUTION, OR EXPLOITATION OF ANY INFORMATION OR CONTENT CONTAINED WITHIN ANY LINKED SITE.
You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms.
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate The World, an employee of The World, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm The World or users of the Services, or expose them to liability.
Additionally, you agree not to:
- Use the Services in any manner that could disable, overburden, damage, or impair our websites, servers, or networks, or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.
- Disable or circumvent, or attempt to disable or circumvent, any security mechanisms used by the Services.
- Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
- Use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Services.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, including without limitation any member accounts; the server on which the Services are stored; or any server, system, computer, network, or database connected to the Services through hacking, password mining, or any other means.
- Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
- Reformat or frame any portion of the web pages that are part of the Services.
- Use the Services for commercial purposes not permitted under these Terms.
- Create user accounts by automated means or under false or fraudulent pretenses.
- Attempt to defeat any security or verification measure relating to the Services.
- Collect or store personal data about other users in connection with the prohibited activities described herein.
- Otherwise attempt to interfere with the proper working of the Services.
The Services may contain interactive features that allow users to post, submit, publish, display, or transmit to The World, their own, other users, or other persons content or materials (collectively, “User Contributions”) on or through the Services, including journal entries and photographs posted by users to “The Living Journey” page. Other than personally identifiable information, which is subject to our Privacy Policy, any such User Contributions, including but not limited to any creative material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments, or other communications you transmit or post to or through this Services in any manner, is and will be considered non-confidential and non-proprietary. All User Contributions must comply with the Content Standards set out in these Terms.
Your User Contributions may be posted and transmitted to others at your own risk. We cannot control the actions of other users of the Services with whom you may choose to share your User Contributions. All User Contributions may be retained by us indefinitely, even after you terminate your account. By submitting any User Contributions, you grant The World a perpetual, worldwide, irrevocable, non-exclusive, royalty-free license to use the User Contributions in any manner, including to create derivative works, without any compensation or notice to you. By providing any User Contribution on the Service, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, transmit, publish, broadcast, develop, manufacture, market, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose whatsoever. The World will have no liability related to any User Contributions.
You further represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
- All of your User Contributions do and will comply with these Terms.
- You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not The World, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
- We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Service.
- Your User Contributions will not contain personally identifiable information about any individual.
We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms.
We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole
discretion. - Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for The World.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
- Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms.
- Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS THE WORLD AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
- We cannot review all material before it is posted on or through the Services and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards (the “Content Standards”) apply to any and all User Contributions and use of the Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
- Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
- Be posted through a false email address, while pretending to be someone other than yourself, or under any other circumstances that could mislead us or third parties as to the origin of any User Contribution.
11. COPYRIGHT COMPLAINTS AND DMCA COPYRIGHT AGENT
The World complies with the copyright notice-and-takedown procedures set out in the United States Digital Millennium Copyright Act (DMCA), which applies to content reported and removed for violating U.S. copyrights. Please note that any notice or counter-notice you submit must be truthful and must be submitted under penalty of perjury. A false notice or counter- notice may give rise to personal liability. You may therefore want to seek the advice of legal counsel before submitting a notice or a counter-notice. We may share any notices and counter- notices submitted to us with others including your contact information, and by submitting any notices, you agree you have no expectation of privacy in your submission.
DMCA Takedown Notices
Content owners of copyrighted material or their representing agents may submit a DMCA notice to our registered Copyright Agent if they believe that infringing activity has taken place on the Services. The abuse team will only consider valid reports of infringement, and you may submit a complete DMCA notice that features all of the points described below only if the representing party sending the request is the content owner or the authorized agent acting on behalf of the copyright owner. If you are not sure if The World has control over the allegedly infringed content, please obtain legal representation before contacting us. To be effective under the DMCA, any notification of claimed infringement must be in a written communication that includes substantially the following which must include a certification made under penalty of perjury:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, as well as information sufficient for The World to determine the legitimacy of the signature and the identity of the signatory;
- Identification of the copyrighted work claimed to have been infringed, or, if a single notification covers multiple copyrighted works at a single online site, a representative list of such works at that site, including citation to the applicable copyright registrations where available;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit The World to locate the material, including a timestamp and visible identification of the material in a screenshot or comparable medium, with all metadata intact, as well as a hyperlink or URL to the
website or online content at issue; - Information reasonably sufficient to permit The World to contact the complaining party, including an email address, telephone number, and, if available, physical mail address;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Any such notifications of claimed infringement must be sent to the below contact with the subject line “DMCA NOTICE:”
ROW Management, Ltd. Copyright Agent
Losey PLLC
1420 Edgewater Drive
Orlando, FL 32804
407-906-1605
dmca@losey.law
Please note if any notification of claimed infringement does not meet the above requirements, The World has no responsibility to respond to or act on any such defective notification of claimed infringement.
DMCA Counter Notification
If you receive a notification of claimed infringement, you may submit a counter notification to us under the DMCA. It must include the following, which includes a certification made under penalty of perjury:
- Your physical or electronic signature, as well as information sufficient for The World to determine the legitimacy of the signature and the identity of the signatory;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District court (i) in the judicial district where your address is located if the address is in the United States, or (ii) located in the Southern District of Florida, if your address is located outside the United States, and that you will accept service of process from the Complainant submitting the notice or the Complainant’s authorized agent.
Any such counter notification must be sent to:
ROW Management, Ltd. Copyright Agent
Losey PLLC
1420 Edgewater Drive
Orlando, FL 32804
407-906-1605
dmca@losey.law
The World is based in the United States; as such, we provide the Services for use only by persons located in the United States and countries where use or access of the Service is not otherwise prohibited by any applicable law. We make no claims that the Service or any of its Content is accessible or appropriate outside of these countries. Access to the Service may not be legal by certain persons or in certain countries outside of the United States. If you access the Service from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
13. DISCLAIMERS AND LIMITATION OF LIABILITY
YOUR USE OF THE SERVICES IS AT YOUR RISK. THE SERVICES AND ALL SERVICES, INFORMATION, GOODS, AND MATERIALS MADE AVAILABLE OR PURCHASED THROUGH THE SERVICES ARE PROVIDED TO YOU “AS IS”; WITHOUT ANY EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND WE DISCLAIM ALL STATUTORY OR IMPLIED REPRESENTATIONS, WARRANTIES, TERMS, AND CONDITIONS WITH RESPECT TO THE SERVICES AND ALL SERVICES, INFORMATION, GOODS, AND MATERIALS MADE AVAILABLE THROUGH THE SERVICE, INCLUDING THE REPRESENTATIONS AND WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND TITLE, AND WITH RESPECT TO THE PRODUCTS LISTED OR PURCHASED ON OR THROUGH THE SERVICES.
WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SERVICES (OR ANY PART THEREOF)
WILL BE ACCURATE, COMPLETE, OR ERROR-FREE, NOR THAT ANY PARTICULAR SOFTWARE OR
HARDWARE, WILL BE COMPATIBLE WITH THE SERVICES, AND YOU HEREBY AGREE THAT IT IS
YOUR SOLE RESPONSIBILITY TO (A) OBTAIN AND PAY FOR ANY SOFTWARE, HARDWARE AND
SERVICES (INCLUDING INTERNET CONNECTIVITY) NEEDED TO ACCESS AND USE THE SERVICES AND (B) ENSURE THAT ANY SOFTWARE, HARDWARE, AND SERVICES THAT YOU USE WILL FUNCTION CORRECTLY WITH THE SERVICES. THE MATERIALS ON THE SERVICES MAY BE OUT OF DATE, AND THE WORLD MAKES NO COMMITMENT AND ASSUMES NO DUTY TO UPDATE SUCH MATERIALS. THE WORLD MAKES NO WARRANTY THAT THE SERVICE WILL BE AVAILABLE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS OR DIRECTIONS ON THE SERVICES. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SERVICES, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, TIMELINESS, OR USEFULNESS OF ANY INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SERVICES. WITHOUT LIMITING THE FOREGOING, THE WORLD HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. THE WORLD MAKES NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSON- MOSS WARRANTY ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
ADDITIONALLY, IN NO EVENT WILL THE WORLD OR ITS RESPECTIVE MEMBERS, DIRECTORS,
EMPLOYEES, AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS, LICENSORS, SERVICE PROVIDERS,
CONTENT PROVIDERS, OR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION, OR TRANSMISSION OF THE SERVICES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES OF ANY KIND,
INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR INCOME, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, BUSINESS INTERRUPTION, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SERVICES, PAIN AND SUFFERING, EMOTIONAL DISTRESS, UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, AND SIMILAR DAMAGES, EVEN IF THE WORLD HAS BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, SUCH DAMAGES WERE REASONABLY FORESEEABLE, OR THE WORLD WAS GROSSLY NEGLIGENT.
FURTHER, THE WORLD AND ITS RESPECTIVE MEMBERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, AND ANY PARTY INVOLVED IN THE CREATION, PRODUCTION, OR TRANSMISSION OF THE SERVICES WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES, ANY INFORMATION OR MATERIALS ON THE SERVICES, ANY LINKED SITES, OR THE MATERIALS, INFORMATION, OR SERVICES CONTAINED AT ANY OR ALL SUCH LINKED SITES. IN THE EVENT OF ANY PROBLEM WITH THE SERVICES OR ANY CONTENT, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES. MOREOVER, IN THE EVENT OF ANY PROBLEM OR DISSATISFACTION WITH THE PRODUCT OR SERVICE THAT YOU HAVE PURCHASED ON OR THROUGH THE SERVICES, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY, IF ANY, IS TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICE. THE MAXIMUM LIABILITY OF THE WORLD AND ITS RESPECTIVE MEMBERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, OR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION, OR TRANSMISSION OF THE SERVICES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, REGARDLESS OF THE FORM OF ACTION AND WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO US TO ACCESS AND USE THE SERVICES OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS LESS.
IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN IMPLIED
WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES; SOLELY TO THE EXTENT
THAT SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR
LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IF APPLICABLE LAW PROHIBITS THE LIMITATION OR EXCLUSION OF A PARTY’S LIABILITY WITH RESPECT TO DEATH OR PERSONAL INJURY CAUSED BY SUCH PARTY’S NEGLIGENCE, FRAUD, OR ANY OTHER MATTER, THEN SUCH PARTY’S LIABILITY WILL NOT BE LIMITED OR EXCLUDED TO THE EXTENT OF SUCH PROHIBITION UNDER SUCH APPLICABLE LAW.
If you are a California resident, you agree to consciously waive all claims, both known and unknown that may be later discovered, to the maximum extent permitted by law, including but not limited to that permitted by California Civil Code Section 1542, which states “[a] general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
Except to the extent prohibited under applicable law, you agree to indemnify, defend, and hold harmless The World and its officers, directors, employees, and agents from and against any claims, losses, liabilities, damages, costs, or expenses, including attorneys’ fees and costs, that may arise from or in connection with (a) your use of, or activities in connection with, the Services, including use of any good, product, or service purchased through the Services, (b) violation of these Terms by you, including any misrepresentations made by you in connection with your use of the Services (c) your violation of any law or the rights of a third-party, and (d) the acts or omissions of any other user or third-party. If you fail to promptly indemnify and defend a covered claim, The World shall have the right to defend itself, and in such case, you shall promptly reimburse The World for all of its associated costs and expenses. The World reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification.
15. BINDING ARBITRATION OF MOST DISPUTES; NO CLASS RELIEF.
This section is deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and we agree that we intend that this section satisfies the “writing” requirement of the Federal Arbitration Act.
We believe that arbitration is a faster, more convenient, and less expensive way to resolve any disputes or disagreements that you may have with us. Therefore, pursuant to these Terms, if you have any dispute or disagreement with us regarding (i) your use of or interaction with the Services, (ii) any subscriptions or other purchases, transactions or relationships related to your use of the Services, or (iii) any data or information you may provide to us or that we may gather in connection with such use, interaction, subscriptions, purchases, transactions or relationships (collectively, “Transactions or Relationships”), you will not have the right to pursue a claim in court, or have a jury decide the claim and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with the Services or engaging in any other Transactions or Relationships with us, you agree to binding arbitration as provided below.
We will make every reasonable effort to informally resolve any complaints, disputes, or disagreements that you may have with us. If those efforts fail, by using the Services, you agree that any complaint, dispute, or disagreement you may have against us, and any claim that we may have against you, arising out of, relating to, or connected in any way with these Terms or any Transactions or Relationships shall be resolved exclusively by final, confidential and binding arbitration (“Arbitration”) before a single arbitrator administered by JAMS or its successor (“JAMS”) and conducted in accordance with the JAMS Streamlined Arbitration Rules And Procedures in effect at the time the Arbitration is initiated or, if the amount in controversy exceeds $100,000, in accordance with the JAMS Comprehensive Arbitration Rules and Procedures then in effect (respectively, the “Applicable Rules”). The Applicable Rules can be found at www.jamsadr.com. If JAMS is no longer in existence, the Arbitration shall be administered by the American Arbitration Association or its successor (the “AAA”) instead, and conducted in accordance with the AAA Commercial Arbitration Rules in effect at that time (which shall be the “Applicable Rules” in such circumstances). If JAMS (or, if applicable, AAA) at the time the arbitration is filed has Minimum Standards of Procedural Fairness for Consumer Arbitrations in effect that would be applicable to the matter in dispute, we agree to provide the benefit of such Minimum Standards to you to the extent they are more favorable than the comparable arbitration provisions set forth in this section, provided, however, that in no event may such Minimum Standards contravene or restrict the application of subpart (e) or (i) below. Furthermore, this section shall not prevent any party from seeking provisional remedies (that is, a temporary restraining order or preliminary injunction) from a court of appropriate jurisdiction. You further agree that:
a. Single Arbitrator.
The Arbitration shall be conducted before a single arbitrator selected in accordance with the Applicable Rules or by mutual agreement between you and us (the “Arbitrator”).
b. Arbitrator Will Interpret This Agreement.
The Arbitrator, and not any federal, state or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability or formation of these Terms or these arbitration provisions, including but not limited to any claim that all or any part of these Terms is void or voidable.
c. Location of Arbitration.
The Arbitration shall be held either: (i) at a location determined pursuant to the Applicable Rules (provided that such location is reasonably convenient for you and does not require travel in excess of 100 miles from your home or place of business); or (ii) at such other location as may be mutually agreed upon by you and us; or (iii) at your election, if the only claims in the arbitration are asserted by you and are for less than $10,000 in aggregate, by telephone or by written submission.
d. Governing Law.
The Arbitrator (i) shall apply internal laws of the State of Florida consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the U.S., irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with Florida or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief.
e. No Class Relief.
The Arbitration can resolve only your or our individual claims, and the Arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated.
f. Written Award.
The Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it (an “Award”). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets.
g. Arbitration Costs.
In the event that you are able to demonstrate that the costs of Arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of your filing and hearing fees in connection with the Arbitration as the Arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, regardless of the outcome of the Arbitration, unless the Arbitrator determines that your claim(s) were frivolous or asserted in bad faith.
h. Reasonable Attorney’s Fees.
The Arbitrator shall also have the right to include in the Award the prevailing party’s reasonable and actual out-of-pocket attorneys’ fees associated with the Arbitration, provided that such prevailing party recovers an amount greater than the non-prevailing party’s last good-faith settlement offer (if any).
i. Interpretation and Enforcement of Arbitration Clause.
With the exception of subpart (e) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (e) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor we shall be entitled to arbitrate any dispute between us and you, and must instead bring any claims subject to subsection (k) below and the Dispute Resolution (If and Only if a Tribunal has Ruled that Arbitration is Prohibited by Applicable Law) section.
j. Modification of Arbitration Clause With Notice.
We may modify these arbitration provisions, but such modifications shall only become effective thirty (30) days after we have given notice of such modifications and only on a prospective basis for claims arising from Transactions or Relationships occurring after the effective date of such notification. If any modification pursuant to this subpart (j) is deemed to be invalid, unenforceable, or illegal, then the arbitration provisions effective at the time of your agreement to these Terms shall govern any dispute or disagreement between you and us regarding Transactions or Relationships.
k. Small Claims Matters are Excluded. No Class Relief or Joinder of Claims.
Notwithstanding the foregoing arbitration provisions, at your option, you may bring any claim for damages you have against us in your local small claims court within the U.S., if your claim is within such court’s jurisdictional limit; provided that such court does not have the authority to entertain any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated in such proceeding.
l. Confidentiality of Arbitration.
You and we agree to maintain the confidential nature of the Arbitration and shall not disclose the fact of the Arbitration, any documents exchanged as part of any mediation, proceedings of the Arbitration, the Arbitrator’s decision and the existence or amount of any Award, except as may be necessary to prepare for or conduct the Arbitration (in which case anyone becoming privy to such confidential information must undertake to preserve its confidentiality), or except as may be necessary in connection with a court application for a provisional remedy, a judicial challenge to an Award or its enforcement, or unless otherwise required by applicable law or court order.
16. DISPUTE RESOLUTION (IF AND ONLY IF A TRIBUNAL HAS RULED THAT ARBITRATION IS
PROHIBITED BY APPLICABLE LAW)
This section applies only where applicable law, as determined by a court with appropriate jurisdiction, prohibits arbitration of disputes in accordance with the previous section regarding arbitration.
a. Procedure.
If any controversy, allegation, or claim (including any non-contractual claim) arises out of or relates to the Services, the Content, these Terms or to any of our actual or alleged intellectual property rights (collectively, a “Non-Arbitration Dispute”), then you and we agree to send a written notice to the other providing a reasonable description of the Non-Arbitration Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such information exists or if such information is not current, then we have no obligation under this section. Your notice to us must be sent to: legal@aboardtheworld.com.
For a period of sixty (60) days from the date of receipt of notice from the other party, we and you will engage in a dialogue in order to attempt to resolve the Non-Arbitration Dispute, though nothing will require either you or us to resolve the Non-Arbitration Dispute on terms with respect to which you and us, in each of our sole discretion, are not comfortable.
b. Jurisdiction.
The parties agree that the state or federal courts in Florida shall have non-exclusive jurisdiction of any Non-Arbitration Dispute.
c. Governing Law.
To the maximum extent permitted by the mandatory laws in your country of residence, these Terms and any Non-Arbitration Dispute arising out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes), will be governed by, and construed in accordance with, the laws of the U.S. and the State of Florida without regard to its conflicts of law provisions.
d. Injunctive Relief.
The foregoing provisions of this section will not apply to any legal action taken by us to seek an injunction or other equitable relief in connection with any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Services, any Content, your User Contribution, or our intellectual property rights (including such as we may claim may be in dispute), our operations, or our products or services.
The failure of The World to enforce any term or condition set out in these Terms shall not be deemed a waiver of such term or condition or a waiver of any other term or condition.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.
These Terms and our Privacy Policy constitute the sole and entire agreement between you and The World regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services. You may be subject to additional terms and conditions when you purchase products or participate in a sweepstakes, contest, or other promotions.
The World shall not be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances. We further may assign this contract at any time to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity.
By accessing the Services, you agree that the laws of the United States and the state of Florida without regard to conflicts of laws principles, will apply to these Terms and all matters relating to the Services.
Subject to the arbitration provisions above, and other than small claims actions as permitted therein, any action or proceeding arising from, relating to or in connection with these Terms will be brought exclusively in the federal or state courts located in Broward County, Florida and you irrevocably consent to the personal jurisdiction of such courts and agree that it is a convenient forum and that you will not seek to transfer such action or proceeding to any other forum or jurisdiction, under the doctrine of forum non conveniens or otherwise.
You agree that regardless of any statute or law that establishes a different statute of limitations, to the maximum extent permitted under applicable law, any claim or cause of action (including any arbitration) arising out of, related to or connected with the use of the Services, or these Terms, or other Transactions or Relationships must be filed within one (1) year after such claim or cause of action arose or be forever barred.
We may provide you information regarding the Services in electronic form only. You agree that such notices and other communications sent electronically satisfy any legal communication requirements, including that requirements must be in writing.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and The World as a result of these Terms or use of the Services. Any provisions that, by their nature, are intended to survive shall survive any termination of these Terms.
The Services is operated by ROW Management, Ltd. All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Complaints and DMCA Copyright Agent policy in the manner and by the means set out therein. All other feedback, comments, requests for technical support, and other communications relating to the Service should be directed to [insert email].
19. TERMS AND CONDITIONS FOR RESIDENCE, VISITS AND PASSAGE ON M/V THE WORLD
Residence on M/V The World, and visits to or passage on M/V The World by Residents and Guests, are subject to the terms and conditions of the Residence Agreement, the Terms of Carriage and the Ship Rules of The World.
Copies of these terms and conditions may be obtained upon written request by those persons seriously considering residence, rental stay or guest visitation on M/V The World.
Terms of Carriage: Click here to view
Destination Experiences and Overnight Programming: Click here to download
Security Guide: The World voluntarily complies with the Cruise Vessel Security and Safety Act of 2010. The World Security & Safety Guide is made available to our Residents & Guests.