TERMS OF USE

NATIONOFWHYNOT.COM TERMS OF USE

Welcome to The Nation Of Why NotSM a social networking service that allows registered users to create personal profiles online and allows non-registered users to browse the Website (collectively, 'Users'). The Nation Of Why NotSM service and network (the 'Service') are operated by Royal Caribbean Cruises Ltd. and its corporate affiliates and agents (collectively, 'Company'). These terms of use (the 'Terms of Use') govern the Service and the use of the www.nationofwhynot.com website and related websites (collectively, the 'Website').

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE SERVICE OR THE WEBSITE. If you decline these Terms of Use, please do not use or participate in the Service or the Website.

By using the Service or the Website or by clicking a box that states you accept or agree to these Terms of Use, you SIGNIFY YOUR ASSENT TO THESE TERMS OF USE and agree that you are responsible for compliance with any applicable federal, state, and local laws. The Company reserves the right, in its sole discretion, to change, modify, delete or otherwise alter portions of these terms at any time without further notice. Any such change, modification, deletion or alteration shall be effective immediately upon posting the same on the Website. Please check these terms periodically for changes, as the top of this page will indicate the date these terms were last revised. Your continued participation with the Service and use of the Website constitutes your agreement to all such terms, conditions, and notices.

USE OF SERVICE

In order to use the Service and Website, you must obtain access to the Internet, either directly or through devices that access Internet-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the Internet and/or the mobile telephone voice and/or data network, including a computer and modem or other access device.

The Company grants you a limited license to access and make personal use of the Service and the Website, but not to download (other than page caching) or modify any portion of the Website, except as specifically authorized on the Website or otherwise with the Company's express written consent. This license does not include, among other things: any resale or commercial use of the Service or the Website; any derivative use of the Website and/or its respective contents; any downloading or copying of account information for the benefit of a third party not authorized by the Company; or any use of data mining, robots, or similar data gathering and extraction services. The Website and/or any portion thereof, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the Company's express written consent. Such limited license is subject to these Terms of Use.

ELIGIBILITY

The Service and the Website are solely intended for Users who have reached the age of majority in the User's jurisdiction, which in most jurisdictions means Users who are eighteen (18) years of age or older. Any registration by, use of, or access to the Services and Website by anyone under the age of majority in the user's jurisdiction is unauthorized, unlicensed, and in violation of these Terms of Use. Membership in the Service is void where prohibited.

OWNERSHIP

Other than User Generated Content as defined below, all content on the Website such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the exclusive property of the Company (or its licensors) and is protected by U.S. and/or international copyright laws.

Except as expressly provided in the 'Use of Service' section above, your use of and access to the Service and Website does not grant you any license or right to use any of the Company's trademarks, trade names or copyrights. The Company vigilantly enforces its intellectual property rights and will actively seek the recovery of any costs and damages it may incur preventing the misuse or misappropriation of its trademarks, trade names, and copyrights.

CONTENT SUBMISSIONS

Certain portions of the Service and Website allow you to post or upload comments, messages, materials, information, or other content (collectively, 'User Generated Content'). The Company has no obligation to review the User Generated Content posted and/or submitted by Users accessing the Service or Website, that it is not in any manner responsible for User Generated Content, that it does not guarantee the accuracy, integrity or quality of User Generated Content, and that it cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable User Generated Content will not appear on the Website. You acknowledge that by providing you with the ability to access and view User Generated Content on the Website, the Company is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any User Generated Content or activities of users of the Service or on the Website. Without limiting the generality of the foregoing, you acknowledge and agree that the information, materials and opinions expressed or included in any User Generated Content are not necessarily those of the Company.

Notwithstanding the foregoing, you acknowledge and agree that the Company has the absolute right, but not the obligation, to monitor User Generated Content posted to the Website in its sole discretion. In addition, the Company reserves the right to alter, edit, refuse to post, or remove any such User Generated Content, in whole or in part, for any reason or for no reason, and to disclose such User Generated Content and the circumstances surrounding their transmission to any third party. You agree that the Company does not have any obligation to use or respond to any User Generated Content.

You may not post or otherwise distribute User Generated Content to the Website which the Company in its sole discretion determines to be abusive, harassing, threatening, defamatory, obscene, an impersonation of others, fraudulent, deceptive, misleading, in violation of a copyright, trademark or other intellectual property right of another, invasive of privacy or publicity rights, in violation of any other right of the Company's, illegal, or otherwise objectionable to the Company. You may not upload commercial content on the Website or use the Website to solicit others to join or become members of any other commercial online service or other organization. You may be required to register and/or agree to additional terms of use prior to being permitted to post or otherwise distribute User Generated Content to the Website. You shall indemnify and hold the Company harmless with respect to all claims resulting from User Generated Content you supply.

Your User Generated Content is not confidential or proprietary. When you post User Generated Content to the Website, you authorize and direct the Company to make such copies thereof as it deems necessary in order to facilitate the posting and storage of the User Generated Content on the Website. You grant to the Company a non-exclusive, non-revocable, worldwide, perpetual right to use your User Generated Content in any manner or media now or later known, including but not limited to the right to sublicense and assign and commercialize the User Generated Content without any compensation due to you.

You may remove your Profile or User Generated Content from the Website by clicking here to contact us. If you choose to remove your User Generated Content, you acknowledge that the Company may nonetheless retain archived copies of your User Generated Content. The Company does not assert any ownership over your User Generated Content; rather, as between the Company and you, subject to the rights granted to the Company in these Terms of Use, you retain full ownership of all of your User Generated Content and any intellectual property rights or other proprietary rights associated with your User Generated Content.

You agree that you shall immediately notify the Company in writing of any objectionable content appearing on the Website. The Company will make good faith efforts to investigate allegations that any User Generated Content violates these Terms of Use but (a) makes no warranty to you that it will edit, remove, or continue to permit the display of any specific User Generated Content, whether or not subject to such allegations, and (b) will have no liability whatsoever for editing, removing, or continuing to permit the display of any User Generated Content. Any use of any content on the Website, including without limitation User Generated Content, will be at your own risk.

SUBMISSIONS TO COMPANY

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, material, communication, or other information about the Service or the Website ('Submissions'), provided by you to the Company are non-confidential and shall become the sole property of Company upon receipt. Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. For purposes of clarity, the Company shall be free to use such Submissions, including any ideas, inventions, concepts, techniques, or know-how disclosed therein, at any time and for any purpose whatsoever without any obligation to you.

MODERATION

All content submissions are subject to moderation. To view our content guidelines, please click here [LINK to http://www.nationofwhynot.com/content_guidelines.php]. Please note, you may experience a lag between content is submitted and when it is available on the website.

OFFENSIVE CONTENT

If a posting raises a specific issue or concern, it may be referred to Royal Caribbean's customer service department or another department, which will allow us to work directly with you to resolve the issue. If you a have specific issue, please contact our customer service department at 1-800-398-9819. Posting on this blog does not constitute notice to Royal Caribbean of any such matter or for any legal purpose.

COPYRIGHT AGENT

The Digital Millennium Copyright Act of 1998 (the 'DMCA') provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide the Company's copyright agent with the following information: (1) an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where the material that you claim is infringing is located on the Website; (4) your address, telephone number, and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon the Company actual knowledge of facts or circumstances from which infringing material or acts are evident. The Company's copyright agent for notice of claims of copyright infringement can be reached as follows:

Copyright Agent
1050 Caribbean Way, Legal Department
Miami, FL 33132
Phone: (305) 539-6990
Fax: (305) 373-8066

Email: copyright@rccl.com

The Copyright Agent should only be contacted if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on or through this Website. The Copyright Agent will not respond to any other inquiries or communications. All other communications can be sent to us by clicking here.

The Company suggests that you consult your legal advisor before filing a notice with the copyright agent. You should note that there can be penalties for false claims under the DMCA. The Company may, in appropriate circumstances and in its sole discretion, limit or terminate the accounts of users who infringe any intellectual property rights of others, whether or not there is repeat infringement, or otherwise prohibit such users from accessing the Service and the Website.

REGISTRATION/ACCOUNT SECURITY

Registration may be required for the use of certain portions of the Service and Website, including to post User Generated Content. Your registration shall not impose any duty on the Company to provide any particular service to you.

If you choose to register, your username and password will be your identity for purposes of interacting with the Website and other Users through the Website. You shall keep confidential, shall not disseminate, and shall use solely in accordance with these Terms of Use, your username and password for the Website. You shall immediately notify the Company if you learn of or suspect: (i) any loss or theft of your username or password, or (ii) any unauthorized use of your username or password or of the Website. In the event of such loss, theft, or unauthorized use, the Company may impose on you, at the Company's sole discretion, additional security obligations.

If any unauthorized person obtains access to the Website as a result of any act or omission by you, you shall use your best efforts to ascertain the source and manner of acquisition and shall fully and promptly brief the Company. You shall otherwise cooperate and assist in any investigation relating to any such unauthorized access.

THIRD PARTY WEBSITES AND CONTENT

The Website contains (or may be sent to you through the Website or the Service) links to other websites ('Third Party Sites') as well as articles, resources, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the 'Third Party Applications/Content'). Such Third Party Sites and Third Party Applications/Content are not reviewed, investigated, monitored, or checked for accuracy, appropriateness, or completeness by the Company, and the Company is not responsible for any Third Party Sites accessed through the Website or any Third Party Applications/Content posted on, available through, or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications/Content. Inclusion of, linking to, or permitting the use or installation of any Third Party Site or any Third Party Applications/Content does not imply approval or endorsement thereof by the Company. If you decide to leave the Website and access the Third Party Sites or to use or install any Third Party Applications/Content, you do so at your own risk and you should be aware that the Company's terms and policies, including these Terms of Use, no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Website or relating to any applications you use or install from such website.

PRIVACY

Any personally identifiable data you transmit to the Company, electronically or otherwise, will be used by the Company in accordance with the Company's Privacy Policy, which you can access by clicking here. The Privacy Policy defines what is considered to be personally identifiable data and how the Company will use such data. The Website and the Service are not directed to children.

INDEMNIFICATION

You agree to indemnify and hold the Company, its representatives, agents, affiliates, and subsidiaries harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service or the Website, your violation of these Terms of Use, or your violation of any rights of another person or entity.

DISCLAIMERS

The Company is not responsible or liable in any manner for any User Generated Content or Third Party Applications/Content posted on the Website or in connection with the Service, whether posted or caused by Users, by Users of the Website, by the Company, by third parties, or by any of the equipment or programming associated with or utilized in the Website or the Service. Although the Company provides rules for User conduct and postings, it does not control and is not responsible for what Users post, transmit or share on the Website and is not responsible for any harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful, or otherwise objectionable content you may encounter on the Website or in connection with any User Generated Content or Third Party Applications/Content. The Company is not responsible for the conduct, whether online or offline, of any User of the Service or Website.

YOUR USE OF THE SERVICE AND THE WEBSITE IS AT YOUR SOLE RISK. THE SERVICE AND THE WEBSITE ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS, AND THE COMPANY DOES NOT WARRANT THAT THE SERVICE AND WEBSITE (AND/OR ITS SERVERS), OR COMMUNICATIONS SENT FROM THE COMPANY OR VIA THE WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

THE COMPANY MAKES NO WARRANTY THAT (i) THE SERVICE OR WEBSITE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE, WEBSITE, OR THE SERVERS THAT MAKE THE WEBSITE AVAILABLE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR WEBSITE WILL BE ACCURATE, USEFUL OR RELIABLE, (iv) THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE OR WEBSITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY DEFECTS OR ERRORS OF THE SERVICE OR WEBSITE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE OR WEBSITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS, GOODS AND/OR SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (v) ANY OTHER MATTER RELATING TO THE COMPANY.

IF DESPITE THE LIMITATION ABOVE, THE COMPANY IS FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED IN THE LIMITATION ABOVE, THEN ITS LIABILITY WILL IN NO EVENT EXCEED, IN TOTAL, THE SUM OF U.S. $100. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU.

TERMINATION

The Company may terminate your membership, delete your profile and any User Generated Content that you have posted on the Website and/or prohibit you from using or accessing the Service or the Website (or any portion, aspect or feature of the Service or the Website) for any reason, or no reason, at any time in its sole discretion, with or without notice.

USER DISPUTES

You are solely responsible for your interactions with other Users. The Company reserves the right, but has no obligation, to monitor disputes between you and other Users.

GENERAL

These Terms of Use constitute the entire agreement between you and the Company and govern your use of the Service and Website, superseding any prior agreements between you and the Company. A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Your acceptance of the Terms of Use and use of the Service and Website does not create a joint venture, partnership, employment or agency relationship between you and the Company. You may not assign, delegate or transfer your rights or obligations under the Terms of Use and any such prohibited assignment transfer shall be null and void. You also may be subject to additional terms and conditions that may apply when you use affiliate services or Third Party Applications/Content. The Terms of Use and the relationship between you and the Company shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within Miami-Dade County, Florida. The Company's failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or Website or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. You agree that all causes of action arising out of or connected with the Terms of Use shall be resolved individually without resort to any form of class action.

INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and/or the country in which you reside. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.