Legal Notice

LEGAL NOTICE

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IMPORTANT SECURITY NOTICE

Carnival Cruise Line Australia is aware that some people have received emails claiming to offer employment positions with Carnival Cruise Line. These job offers are false and completely at odds with Carnival Cruise Line' employment practices and have been reported to relevant authorities in Australia. Carnival Cruise Line does not send unsolicited emails offering job opportunities. Should you receive an unsolicited email claiming to offer job opportunities at Carnival Australia or Carnival Cruise Line, you should not respond. Such approaches should be reported to relevant authorities in your country of origin.

PRIVACY POLICY

Legal Information

Carnival Corporation and Carnival plc (collectively referred to as "Carnival") operate under a dual listed company structure with primary stock exchange listings in the United States and the United Kingdom. Carnival is a global cruise business with a portfolio of leading cruise brands, including P&O Cruises Australia, Princess Cruises, Carnival Cruise Line, Holland America Line, Seabourn, Cunard Line, P&O World Cruises, AIDA, Costa and Fathom (‘Carnival brands’).

Carnival plc, has registered branches in Australia (ABN 23 107 998 443) and New Zealand (Company number 1471215). These branches trade under various brand names, including Carnival Cruise Line and are subject to the Australian Privacy Principles introduced under Australian privacy legislation and the Information Privacy Principles introduced under New Zealand privacy legislation. In this policy “we”, “us”, “our” means Carnival plc trading as Carnival Cruise Line.

In this policy, we set out a summary of how we manage your personal information. You should also refer to Carnival Cruise Line Cruise Ticket Contract for further details on some of the personal information we may need to collect, use or disclose as part of your cruise holiday.

Collection

The core functions of our business (i.e. the primary purposes for which we collect and manage personal information) are to facilitate the booking, carriage, marketing and administration of our various cruise products and those of other Carnival brands.

So that we can carry out these functions, and provide you with our products and services, we may ask you to provide us with and may manage personal information, including (but not limited to) your personal contact details, your passport and driver’s licence details, next of kin and emergency contact information, payment information (e.g. your credit card details), information relating to your health and dietary requirements (if any), and your proposed travel and tour arrangements.

Some examples of where we may need this information are to:

process your booking and carriage aboard our cruise ships;
create and process insurance policies;
assess your health and provide medical assistance (if needed);
handle and respond to complaints; and
provide your details to immigration officials.

We may collect personal information about you in a variety of ways including when you deal with us in person or over the phone, send us correspondence (by letter, email or fax) or visit one of our web sites or when we receive personal information about you from other Carnival brands (in accordance with their applicable privacy policies).

We will not collect personal information or sensitive information unless it is reasonably necessary for one or more of our core business functions or a related activity or it is permitted under Australian law.

As far as it is reasonable or practicable, we will collect your personal information directly from you. If it is not reasonable or practicable and personal information is collected from someone else (e.g. a travel agent or another person booking on your behalf), we will take reasonable steps to ensure that you are made aware of the collection of your personal information, unless specific exemptions apply. Sensitive information will only be collected with your consent, unless specific legislative exemptions apply.

Closed Circuit Television (CCTV)

To ensure the security and safety of our passengers, CCTV cameras have been installed and operate aboard our cruise ships. In addition, shipboard crew may use body mounted cameras for security purposes. CCTV operates through the use of dedicated cameras to transmit a video image to a specific set of monitors. Access to the images shown on these monitors is available to authorised persons only. CCTV recordings are generally retained for a period of 21 days, and then deleted permanently unless retained as records of an incident.

The operation of CCTV cameras is limited to public access areas only, such as around pools and areas where children are located. Cameras have not been installed in private areas, such as toilets and change rooms.

For more information about the operation of CCTV aboard our cruise ships, please contact us on the contact details below.

Photographs

Please note that passengers may have their photos taken in public areas by cruise ship staff. Once developed, the photos are publicly displayed in photo galleries for purchase by passengers. At the end of the cruise, all unsold photos are bagged and incinerated. As with all other personal information, photos identifying individuals will be handled in accordance with our obligations under privacy legislation.

You have no obligation to provide any information requested by us. However, if you choose to withhold requested information, or you do not consent to the transfer or disclosure of your information to the countries listed in this policy, we may not be able to provide you with the products, services and assistance that depend on the collection of that information

Destruction and de-identification of personal information

If we receive personal information which we did not solicit and we determine within a reasonable period of time that we could not have otherwise collected the personal information, where lawful or reasonable to do so, we will destroy the information or ensure that the information is de-identified as soon as practicable.

Use and Disclosure

Our general rule is that we will not use or disclose your personal information other than for the primary purpose for which it is collected, which may be as stated above or at the time of collection. If we propose to use your personal information for another use, we will seek your further consent unless that other purpose is related to the original purpose of collection (the "secondary purpose"). For example, you could reasonably expect us to use or disclose your personal information collected from your booking form for the secondary purpose of us and other Carnival brands sending you information about special offers and potential discounts.

If we propose to use your sensitive information for a purpose other than for one of our functions or activities, we will seek your further consent unless it could reasonably be expected that we would use or disclose the information for the other purpose and the other purpose is directly related to the primary purpose (the “secondary purpose”). For example, if we provide medical services to you in one of our on board medical centres, you could reasonably expect us to disclose information about your health in a letter of referral to another doctor.

Where you consent to receiving promotional material from us, you consent to receiving promotional material from all of the Carnival brands and agree that we may share your personal information with other Carnival brands for that purpose. To opt out of receiving promotional material from other Carnival brands, you can email us directly at optout@carnivalaustralia.com, please type ‘Opt out of Affiliate Marketing’ into the subject line, and include your full name and VIFP number, if relevant. Please let us know whether you would like to opt out of one or more of our Carnival brands or whether you would prefer not to receive any promotional material from us at all. Any promotional material that we, or another Carnival brand, sends to you (by post or by email) will contain instructions for how you can opt out of receiving further offers from that brand.

Whilst we may retain various third parties to assist us in our booking, marketing and promotional activities (eg. to administer our direct marketing activities and to maintain an off-site database for information concerning our past passengers), we do not disclose your personal information to anyone outside Carnival for their promotional use. However, we may disclose your personal information to third parties (including our agents and contractors) to perform certain activities on our behalf. Examples include:

fulfilling requests for brochures and sending promotional materials and communications: printing companies, mail houses, couriers, e-mail service providers;
processing payments: banks, payment service providers;
maintaining guest records and analysing data: customer insight and research agencies, data processors, data analysts and data washing companies, credit agencies;
providing port services and excursions: port agents;
providing travel services: airlines, coach operators, travel agents.

These third parties have access to personal information needed to perform their functions, but are not permitted to use it for other purposes. We seek written assurances from any third parties to whom we may disclose personal information to ensure that they will treat that information in accordance with applicable privacy laws.

If we have reasonable grounds to believe that disclosure of your personal information or sensitive information is necessary to prevent a serious threat to life, health or safety, or we are required to provide information in response to subpoenas, warrants or other legal processes including police enquiries, or enquiries from another government department (including, without limitation, Customs and Immigration) we will disclose your information for those purposes without seeking your consent.

Data Quality

We will take reasonable steps to ensure that the personal information we collect, use or disclose is accurate, complete, up to date and relevant, having regard to the purpose for which the information is proposed to be used. We encourage you to contact us if you believe personal information we hold about you is incorrect or incomplete in some way.

Access and Correction

If you request access to the personal information we have collected about you, we will give you access to the information where reasonable and practicable to do so, within a reasonable amount of time, unless an exception exists under applicable law.

If you request that we correct your personal information or we are satisfied that the information we hold is inaccurate, out-of-date, incomplete, irrelevant or misleading, we will take such steps as are reasonable in the circumstances to correct the information, having regard to the purpose for which the information is held.

If we correct your personal information which we have previously disclosed to another entity and you request that we notify that entity of the correction, except to the extent that it is impracticable or unlawful to do so, we will take such steps as are reasonable in the circumstances to notify that other entity.

If we do not grant your request for access to the personal information we have collected about you, or for access to the information in the form requested, we will provide you with a written explanation within a reasonable period of time, including the reasons for our decision and any complaint mechanism available to you.

If we do not grant your request to correct the personal information we have collected about you, to the extent that it is reasonable to do so, we will, if requested by you, take such steps as are reasonable in the circumstances, within a reasonable amount of time, to attach to our record of your personal information any statement provided by you of the correction, deletion or addition sought.

Data Security

We take such steps as are reasonable in the circumstances to protect the personal information we hold from misuse, interference and loss, and from unauthorised access, modification or disclosure. This includes stringent security measures on board our vessels, physical security for our offices in Australia and New Zealand and electronic security (such as password access, encryption and firewalls) for our office network servers and electronic data transfers.

If we disclose your information to a third party in connection with the provision of a service, we will take reasonable steps to prevent the unauthorised use or disclosure of information contained in the record.

Where we no longer need personal information that we hold about you for a primary purpose or secondary purpose and where lawful to do so, we will take such steps as are reasonable in the circumstances to destroy the information or to ensure the information is de-identified. We hold a basic record of guests’ cruise history (name and contact details, booking/cruise number, nights on board) indefinitely for the purpose of maintaining our loyalty scheme.

Identifiers

We will not use any government related identifier (such as your Medicare or tax file number) as our own identifier to link you with your personal information. We will not use or disclose any government related identifier of yours unless required or authorised by law.

Anonymity and pseudonymity

Where lawful and practicable, we will give you the option of not identifying yourself when dealing with us. For example, at the completion of your cruise we will request that you provide us with specific feedback on our cruise facilities on an anonymous basis.

Transborder Data Flows

Carnival Corporation and Plc is headquartered in the United States and the United Kingdom and has registered branch offices in Australia, New Zealand and various Asian countries. We may transfer your personal information between the various offices of Carnival Corporation and Plc. Where personal information is required to be shared with or accessed by other Carnival companies, we use ‘standard contractual clauses’ to ensure the adequacy of the transfer.

Casinos on our ships are operated by Carnival Cruise Line in the United States. If you use the casino then your personal information may be transferred to the United States for the purposes of monitoring and improving quality of services, and preventing and detecting fraud. For more information, please read Global Casino Operations’ Privacy Notice.

Some of our third party service providers are based overseas. For example, our customer database is jointly managed in the United States and India.

It may also be necessary to disclose your personal information to regulatory or other authorities in the ports of call in your cruise itinerary.

Website Privacy

Our websites https://www.carnival.com.au/ is maintained by Carnival Cruise Line Australia and is subject to our Website Terms & Conditions.

In an online environment there are several means by which information may be collected. The type of information collected depends on how you have interacted with our website.

When you visit our website (or any Internet site) the server records details of your visit, including:

the type of browser and operating system (eg. Mac, PC) you are using
the address of the referring site (ie. the previous site that you visited)
your IP address (a number unique to the computer through which you are connected to the Internet)
the country or region you come from
the date and time of your visit
the address of the pages accessed and documents you downloaded.

In addition to this we also use software to detect what screen size your computer uses and what plug-ins you have. Plug-ins are used to run features such as our Flash movies and the Quicktime VR ship and cabin virtual tours. The sole purpose of this is to make sure we can present the best viewing experience for each visitor. If you send us an error report, we use software to detect whether you are browsing from behind a firewall and what type of error you have encountered.

We also use cookies which are are pieces of information that a website can transfer to an individual's computer hard drive for tracking websites browsed by the person. This tracking enables us to customise our site information to your requirements and interests. Cookies are not unusual, most major websites use them. However, you can set your internet browser to refuse the cookies entry into your computer's hard drive.

If you send us an email via our website or you complete a form on our website the personal information submitted may be retained for the purposes of answering your query or complying with your request. Every email we receive is automatically stored on our server and backed up in accordance with our usual data management procedures. If you have completed a web form to request one of our brochures or made a booking, you will be added to our mailing list to ensure that you receive notifications of any special promotions that are on offer. You can opt out of this mailing list at any time.

Any information we collect is treated in accordance with this Privacy Policy and with applicable privacy laws.

Some of our functions are provided by third parties. In those instances, it is necessary for us to supply your information to a third party as part of fulfilling the purpose for which you have provided the information (for example, the agency which administers and maintains our e-newsletter on our behalf). Whilst we do not seek your consent again we do seek an assurance from that third party that the information will only be used for the purpose for which it is supplied and that your information is kept safe and secure in line with our own policies in that regard.

We will seek your consent before sending you marketing communication. Every email you receive from us will have details of how to remove yourself from our email lists. Remember to change your preference for each email address and other contact details you have given us. If you have any difficulty with this process you can email optout@carnivalaustralia.com and specify your request.

Our website may allow you to ‘like’ particular categories using Facebook functionality. If you ‘like’ a particular category you will receive regular notifications on your Facebook page relating to that category. If you no longer wish to receive these notifications you are required to ‘unlike’ the relevant category.

For Customers in the EU

If you are located in the EU, in addition to your rights to access and correction set out above, you are also entitled to the following rights in respect of personal information that we hold:

Right to erasure. The right to obtain the erasure of your personal information without undue delay in certain circumstances, such as where the personal information is no longer necessary in relation to the purposes for which it was collected or processed.
Right to restriction. The right to obtain the restriction of the processing undertaken by us on your personal information in certain circumstances, such as where the accuracy of the personal information is contested by you, for a period enabling us to verify the accuracy of that personal information.
Right to object. The right to object to us processing personal information relating to you.
Right to port. The right to obtain certain personal information from us in a format that can be transferred electronically to a third party.
Right to be informed. The right to be informed about the personal information being processed.

In some cases, our ability to uphold these rights for you may depend upon our obligations to process personal information for security, safety, fraud prevention reasons, compliance with regulatory or legal requirements, or because processing is necessary to deliver the services you have requested. Where this is the case, we will inform you of specific details in response to your request. You may contact our Data Protection Officer to discuss how to exercise those rights by sending an email to dpo@carnival.com.

The procedure for exercising your data subject rights is available at www.carnival.com/request-forms/eu-customer-data-subject-rights.aspx.

You also have the right to lodge a complaint with the relevant data protection authority.

Contact Details

If you would like to request access to or correction of inaccurate, incomplete or out of date personal information, lodge a complaint about how we have handled your personal information or should you require any further information about our privacy policy, please contact us. If you are in Australia, you can:

Send an email to australiasupport@carnival.com

Write to Carnival Cruise Line, Attention: Customer Service, PO Box 1429 Chatswood NSW 2057 AUSTRALIA; or

If you are in New Zealand, you can:

Send an email to NZsupport@carnival.com

Write to Carnival Cruise Line, Attention: Customer Service, PO Box 105874, Auckland 1143, NEW ZEALAND.

Further Information about Privacy

If you are in Australia and you would like further information about privacy generally, please contact the Office of the Australian Information Commissioner by calling 1300 363 992 or visit the Commissioner’s web site at www.privacy.gov.au

If you are in New Zealand and you would like further information about privacy generally, please contact the Office of the Privacy Commissioner by calling 0800 803 909 or 09 302 8600 (Auckland) or 04 474 7590 (Wellington) or visit the Commissioner’s web site at www.privacy.org.nz.

Changes to this Privacy Policy

We may amend this Privacy Policy as our business requirements or the law changes. Any changes to this Privacy Policy will be updated on https://www.carnival.com.au/, so please visit our website periodically to ensure that you have our most current version.

Our Privacy Policy

If you request a copy of our Privacy Policy, we will take reasonable steps in the circumstances to provide you with a copy. If you would like a copy in non-electronic format, please contact us as detailed above.

Carnival Cruise Line WEBSITE TERMS OF USE

Your use of the information, graphics and materials on our website is governed by these website Terms of Use and our website Privacy Policy.

THIRD PARTY WEBSITES

This site also contains links to the websites of third parties not associated with Carnival Cruise Line or Carnival Corp and plc. The existence of these links does not imply that Carnival Cruise Line endorses these websites or guarantees the reliability of the information they contain. Such links are provided for your reference only. Carnival Cruise Line does not control such websites and is not responsible for their contents or the privacy or other practices of such websites.

COMPUTER VIRUSES

While it is very unlikely, Carnival Cruise Line is not responsible for any computer problem (including virus transmission) you may experience as a result of visiting this site or any of its links.

DISCLAIMER

Carnival Cruise Line gives notice that all information contained within the site is subject to alteration with or without notice. While all travel information contained within this website is correct at the time of publication, some details (such as itineraries or prices) could possibly change. Please check with your travel agent before booking your cruise with us.

PASSAGE CONDITIONS

Passengers are carried subject to our Cruise Ticket Contract and the conditions of any other third party travel suppliers in relation to a booking. Passengers should read the Cruise Ticket Contract available on our website. You can request a copy of our Cruise Ticket Contract by calling 13 31 94 in Australia or 0800 442 095 in New Zealand. The terms of our Cruise Ticket Contract shall prevail to the extent of any inconsistency with these website Terms and Conditions.

LIMITATION OF LIABILITY

Subject to any responsibilities implied by law and which cannot be excluded, we are not liable to you for any losses, damages, liabilities, claims and expenses (including, but not limited to, legal costs and defence or settlement costs) whatsoever arising out of or referable to material on our websites, whether in contract, tort (including negligence), statute or otherwise. Liability of Carnival Cruise Line for a breach of a condition or warranty implied by law or otherwise, and which cannot be excluded, is limited to the supply of the goods or services again or the cash equivalent.

JURISDICTION

Unless expressly agreed otherwise, this website is provided for use by Australian & New Zealand residents only. The law applicable to disputes arising from material on our Australian website, is the law of New South Wales, Australia.

COPYRIGHT AND TRADEMARK

Copyright in the material on our websites and any trademarks featured are owned or licensed by Carnival Cruise Line. The material on this site may only be reproduced for personal use or as otherwise prescribed under copyright legislation in Australia and New Zealand.

ACCEPTANCE OF CHANGES TO OUR WEBSITE TERMS & CONDITIONS

You acknowledge and accept that your use of our websites indicates your acceptance of these website Terms and Conditions and our website Privacy Statement. We reserve any rights not expressly granted in these website Terms and Conditions. These are the current website Terms and Conditions and replace any other terms or conditions previously published. If we decide to change our website Terms and Conditions, we will post the changed Terms and Conditions on this page.

INTERNATIONAL CRUISE LINE PASSENGER BILL OF RIGHTS

The Members of the Cruise Lines International Association are dedicated to the comfort and care of all passengers on oceangoing cruises throughout the world. To fulfill this commitment, our Members have agreed to adopt the following set of passenger rights:

1. The right to disembark a docked ship if essential provisions such as food, water, restroom facilities and access to medical care cannot adequately be provided onboard, subject only to the Master’s concern for passenger safety and security and customs and immigration requirements of the port.

2. The right to a full refund for a trip that is canceled due to mechanical failures, or a partial refund for voyages that are terminated early due to those failures.

3. The right to have available on board ships operating beyond rivers or coastal waters full-time, professional emergency medical attention, as needed until shore side medical care becomes available.

4. The right to timely information updates as to any adjustments in the itinerary of the ship in the event of a mechanical failure or emergency, as well as timely updates of the status of efforts to address mechanical failures.

5. The right to a ship crew that is properly trained in emergency and evacuation procedures.

6. The right to an emergency power source in the case of a main generator failure.

7. The right to transportation to the ship’s scheduled port of disembarkation or the passenger’s home city in the event a cruise is terminated early due to mechanical failures.

8. The right to lodging if disembarkation and an overnight stay in an unscheduled port are required when a cruise is terminated early due to mechanical failures.

9. The right to have included on each cruise line’s website a toll-free phone line that can be used for questions or information concerning any aspect of shipboard operations.

10. The right to have this Cruise Line Passenger Bill of Rights published on each line’s website.

IMPORTANT TERMS AND CONDITIONS FOR Carnival Cruise Line EasyPay

These Terms and Conditions apply only to certain cruises for which the Carnival Cruise Line EasyPay (“Plan”) option is available. By accepting the Plan, the guest agrees to be bound by these Terms and Conditions.

To be eligible for the Plan, the guest must register a valid Visa, MasterCard or American Express Credit Card (“The registered card”) with his/her Carnival Cruise Line booking. Please note that the Plan is not available to guests using Debit Card, PayPal or any other payment method to make payments. Carnival Cruise Line reserves the right to cancel this Plan at any time.

Before registering for EasyPay, the guest must first make an initial deposit payment against his/her booking (if applicable to the booking, a second deposit may be charged). Equal monthly payments will subsequently be charged to the registered card to the guest’s booking up until final payment is due. If the full remaining balance is not evenly divisible then the guest’s final payment amount may vary slightly.

The monthly payments will automatically recalculate if adjustments are made to the booking (e.g., adding or removing packages or transfers, etc.). A service fee of 1.1% for Visa Credit and Mastercard Credit and 2.75% for AMEX and Diners Club applies. No interest or finance charges apply to this Plan. Any interest, finance charges or fees assessed by the guest’s credit card provider may still apply.

The guest hereby authorises Carnival Cruise Line to charge each payment to the registered card associated with the guest’s booking. If the registered card on file is declined, Carnival Cruise Line will send a notification to the guest and future monthly payments will be recalculated to include the declined payment. The guest agrees to maintain at least one valid registered card that expires no earlier than twenty (20) days after the last payment due date.

Guest may choose to prepay the full remaining balance, or prepay a portion of the remaining balance at any time without penalty.

Monthly instalments may be cancelled at any time up to 11:59pm AEST/AEDT on the day before final payment by calling 13 31 94. Booking cancellations and refunds are subject to our Booking and Travel Conditions.

If all payments are not paid in full by the final payment due date, the booking will be cancelled automatically and our refund policy will apply in accordance with our terms and conditions of cruising.

MOBILE APPLICATION TERMS & CONDITIONS

Effective Date: May 25, 2018

CARNIVAL MOBILE APPLICATION

INTRODUCTION AND OVERVIEW
PARENTAL CONSENT
1. THE APPLICATION
2. LICENSE GRANT AND USE RESTRICTIONS
3. INTELLECTUAL PROPERTY RIGHTS
4. NO RESPONSIBILITY FOR THIRD PARTY CONTENT AND SERVICES
5. ACCOUNTS, PROFILES AND SOCIAL FEATURES
6. PURCHASE OF CHAT SUBSCRIPTION
7. TERM AND TERMINATION
8. DISCLAIMER OF WARRANTIES
9. LIMITATION OF LIABILITY
10. INDEMNIFICATION
11. DISPUTE RESOLUTION BY BINDING ARBITRATION
12. MISCELLANEOUS
Third Party Terms [APPLE, GOOGLE]

If you'd like to review our Privacy Notice for Mobile Apps, please refer to Carnival's Privacy Notice.

End User License Agreement for CARNIVAL MOBILE APPLICATION

IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT CLICK THE “ACCEPT” BUTTON OR DOWNLOAD, INSTALL OR USE THE APPLICATION.

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Introduction and Overview

Please read this end user software license agreement (“License”) carefully before clicking the “Accept” button or downloading or using the Carnival Mobile Application (“Application” or “App”). As used herein, “Application” includes, without limitation, any services specific to the Application, software code, scripts, interfaces, graphics, displays, text, images, artwork, music or video clips, documentation and other components or content and any updates, modifications or enhancements to these items accompanying the Application or this License. These terms are an agreement between You and Carnival Cruise Lines (“Carnival,” “us,” and “our”) and its affiliates (individually and collectively, “Carnival”). “You,” “Your” and “Licensee” in this License refer to You, an individual, and/or to the company or other legal entity on whose behalf You accept this License.

TO USE MANY OF THE FEATURES OF THIS APP, YOU MUST BE ON BOARD A CARNIVAL VESSEL.

This Application is licensed to You by Carnival for use strictly in accordance with the terms and conditions of this License. By clicking the “accept” button or downloading or using the Application, You are entering into and agreeing to be bound by the terms of this License, the Carnival Terms and Conditions located on the Terms and Conditions page, and the Carnival Privacy Notice located on the Privacy Notice page; each as amended from time to time, and which policies are incorporated herein by reference. If there are any inconsistencies between this License and the Carnival Terms and Conditions, this License takes precedence with respect to the Application. If at any time after reviewing the Application You wish to terminate this License, You must un-install and remove the Application from Your Device, and delete any copy of the Application in Your possession.

Your use of the Application also may be governed by terms and conditions required by (i) any applicable third party content and service providers, (ii) the manufacturer and other providers of Your Device and its hardware and software components, including its operating system, (iii) the online store or other applicable distributor through which You obtain the Application, (iv) the applicable wireless service agreement for Your Device, (v) any applicable open source or third party software license, and (vi) the terms or conditions governing Your personal accounts for web content services You access through the Application ((i) through (vi), including without limitation those terms listed in the “Third Party Terms” section of this License, collectively being referred to as the “Related Agreements”). No Related Agreement, however, shall have the effect of limiting, encumbering or otherwise restricting Carnival’s rights and remedies or Your obligations under this License, or waiving any restrictions on Your rights to use the Application under this License. This License shall not have the effect of limiting, encumbering or otherwise restricting Carnival’s rights and remedies or Your obligations under any Related Agreement between You and Carnival, or waiving any restrictions on Your rights under any Related Agreement between You and Carnival. You understand and agree that even if You are not the account-holder for Your Device, Your purchase and use of the Application is governed by terms and conditions in the applicable service wireless service agreement for Your Device.

If Carnival makes any updates or upgrades to the Application available to You, such updates or upgrades shall be subject to the terms and conditions of this License unless the Application is expressly provided to You under other, or additional terms and conditions, in which case, those other, or additional terms and conditions (which may include the payment of additional fees), shall apply.

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IF YOU ARE UNDER THE AGE OF 13, YOU MAY ONLY USE THIS APPLICATION WITH THE EXPRESS CONSENT OF YOUR PARENT OR LEGAL GUARDIAN.

Your Parent or Legal Guardian can provide Carnival with their consent in the following ways:

Using a credit card, debit card, or other online payment system that provides notification of each separate transaction to the account holder;
Providing consent when granting You authority to make charges to Your parent’s Sail & Sign account;
If onboard a Carnival Vessel, providing a copy of a form of government issued ID to Guest Services.

Each time You access and/or use the Application (other than to simply read the terms and conditions of this License), You agree to be bound by and comply with the terms and conditions of this License, the Carnival Terms and Conditions, the Carnival Mobile App Privacy Notice and any other applicable terms and conditions set forth in any Related Agreements. DO NOT USE THIS APPLICATION IF YOU DO NOT AGREE.

The business realities associated with operating the Application are such that, without the conditions that are set forth in this License – such as Your grants and waivers of rights, the limitations on our liability, and Your indemnity to us – we would not make the Application available to You.

THIS LICENSE IS SUBJECT TO THE ARBITRATION PROVISION INCLUDED IN SECTION 11 OF THIS LICENSE.

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1. THE APPLICATION: In order to access the Application while aboard Carnival Vessels (“Vessels”), You will need access to the unsecured Carnival Wi-Fi Service (“Wi-Fi”). Please review the Terms of Service & Acceptable Use Policy for the Carnival Wi-Fi Service onboard prior to accessing Wi-Fi.

The Application allows You to effortlessly find up-to-date information about Your Carnival cruise:

Before check-in, countdown to Your cruise and share the application with Your friends.
After check-in, when You log in with WiFi, You will be able to access information regarding onboard activities, restaurants, menus, open times, entertainment, ports of call, spa services, and shopping.

You can also:

Create an online profile. You can choose an avatar from Facebook or Your phone image library and whether to make Your profile public or private.
View ship messages and announcements
See what's happening every minute of every day
Save favorite activities to one convenient list
If You purchase the Application Chat function, You can add other cruisers who have also purchased the Application Chat function to Your contacts and Chat with them during Your cruise.

Voice, data and messaging rates may apply when You use this Application.

1.1 CONSENT TO USE LOCATION INFORMATION: By using this Application, You agree that Carnival may collect and share Your Location Information for such purpose. If You do not want Your Location Information collected either do not download/use the Application or You may modify Your Device settings to disable collection of Your Location Information.

1.2 CONSENT TO DISCLOSE PERSONAL INFORMATION: This Application allows You to create a Profile in which You can share Your name, Your cruise itinerary, plans, and other information regarding Your cruise. This Application also allows You to view some of the Personal Information of the contact that You add to Your Profile. In addition, if You elect to purchase the Application Chat function, You can communicate with contacts that You add to Your profile. You and the contact with whom You communicate will be able to view past Chats. You consent to the display of Your personal information, including without limitation Your name, photo, or other information, by the Application.

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2. LICENSE GRANT AND USE RESTRICTIONS.

2.1 License Grant. Subject to the restrictions set forth in Section 2.2, Carnival grants You a personal, revocable, non-exclusive, non-transferable, limited right to install and use one copy of the Application on a single device owned and controlled by You (“Device”), and to access and use the Application on such Device solely for Your personal entertainment use, strictly in accordance with the terms and conditions of this License, the Related Agreements, and all applicable local, national, and international laws and regulations. You represent, warrant and agree that You are using the Application solely for Your own personal entertainment use and not for redistribution or transfer of any kind.

2.2 Restrictions on Use. You shall not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Application, even for research purposes; (b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the Application; (c) violate any applicable laws, rules or regulations in connection with Your access or use of the Application; (d) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Carnival or its collaborators, suppliers or licensors; (e) use the Application in a manner that derives revenue directly from such use, or use the Application for any other purpose for which it is not designed or intended; (f) install, use or permit the Application to exist on more than one Device at a time or on any other mobile device or computer; (g) distribute the Application to multiple Devices; (h) make the Application available over a network or other environment permitting access or use by multiple Devices or users at the same time; (i) use the Application for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for any services, product or software offered by Carnival; (j) use the Application to send automated queries to any website or to send any unsolicited commercial e-mail; (k) use any proprietary information or interfaces of Carnival or other intellectual property of Carnival in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the Application; (l) circumvent, disable or tamper with any security-related components or other protective measures applicable to the Application or the Device or (m) reproduce, archive, retransmit, distribute, disseminate, sell, lease, rent, exchange, modify, broadcast, synchronize, publicly perform, publish, publicly display, make available to third parties, transfer or circulate the Application. You agree to abide by the rules and policies established from time to time by Carnival. Such rules and policies may include, for example, required or automated updates, modifications, and/or reinstallations of the Application and obtaining available patches to address security, interoperability or performance issues. These obligations survive termination of this License.

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3. INTELLECTUAL PROPERTY RIGHTS.

3.1 Rights to Application. You acknowledge and agree that the Application, any copies thereof (including without limitation any copy that You download, install, or use on Your Device), and all copyrights, patents, trademarks, trade secrets and other intellectual property rights associated therewith are, and shall remain, the property of Carnival or its collaborators, licensors, or suppliers. Furthermore, You acknowledge and agree that the source and object code of the Application and the format, directories, queries, algorithms, structure and organization of the Application are the intellectual property and proprietary and confidential information of Carnival and its collaborators, licensors and suppliers. Title to the Application shall remain with Carnival. Carnival and its collaborators, licensors, and suppliers reserve the right to change, suspend, terminate, remove, impose limits on the use of or access to, disable access to, or require the return of the Application (or any copy thereof) at any time without notice and will have no liability for doing so. Except as expressly stated in this License, You are not granted any intellectual property rights in or to the Application by implication, estoppel or other legal theory, and all rights in and to the Application not expressly granted in this License are hereby reserved and retained by Carnival.These obligations survive termination of this License.

3.2 Carnival Marks. Carnival owns all right, title and interest in and to all trademarks, service marks, and trade names included in the Application. For additional information about Carnival’s copyright, trademark and other intellectual property rights, please visit Carnival's Legal Copyright & Trademark page. You are not authorized to use the Carnival Marks in any advertising, publicity or in any other commercial manner without the prior written consent of Carnival, which may be withheld for any or no reason. These obligations survive termination of this License.

3.3 Open Source Software. The Application may utilize or include third party software that is subject to open source license terms (“Open Source Software”). You acknowledge and agree that Your right to use such Open Source Software as part of the Application is subject to and governed by the terms and conditions of any applicable open source license, including, without limitation, any applicable acknowledgements, license terms and disclaimers contained therein (collectively, the “Open Source License Terms”). In the event of a conflict between the terms of this License and the Open Source License Terms, the Open Source License Terms shall control.

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4. NO RESPONSIBILITY FOR THIRD PARTY CONTENT AND SERVICES.

4.1 General. You acknowledge that the Application may permit access to products, services, websites, advertisements, promotions, recommendations, advice, information, and materials created and provided by advertisers, publishers, content collaborators, marketing agents, vendors and other third parties (“Third Party Content and Services”).

4.2 Disclaimer. You acknowledge that Carnival does not investigate, monitor, represent or endorse the Third Party Content and Services (including any third party websites accessed through the Application). Furthermore, Your access to and use of the Third Party Content and Services is at Your sole discretion and risk, and Carnival shall have no liability to You arising out of or in connection with Your access to and use of the Third Party Content and Services. Third parties may collect information about You and Your Device if You choose to use Third Party Content and Services. Carnival and its collaborators, suppliers, and licensors are not responsible for third parties’ data collection practices. Carnival encourages You to review the third parties’ privacy policies.

4.3 Third Party Terms of Service. You acknowledge and agree that Your access to and use of the Third Party Content and Services and any correspondence or business dealings between You and any third party using the Application are governed by and require Your acceptance of the terms of service of such third party, including, without limitation, any terms, privacy policies, conditions, representations, warranties or disclaimers contained therein. You assume all risks arising out of or resulting from Your transaction of business over the Internet and with any third party, and You agree that Carnival and its collaborators, suppliers, and licensors are not responsible or liable for any loss or result of the presence of information about or links to such advertisers or service providers. Furthermore, You acknowledge and agree that this License does not grant You any license to (i) the Third Party Content and Services; (ii) any products, services, processes or technology described in or offered by the Third Party Content and Services; or (iii) any copyright, trademark, patent or other intellectual property right in the Third Party Content or Services or any products, services, processes or technology described or offered therein. You agree that You will not use Third Party Content or Services in a manner that would infringe or violate the rights of any other party, and that Carnival and its collaborators, suppliers, and licensors are not in any way responsible for any such use by You.

4.4 Endorsements. You acknowledge and agree that the provision of access to any Third Party Content and Service shall not constitute or imply any endorsement by Carnival of such Third Party Content and Services.Carnival reserves the right to restrict or deny access to any Third Party Content and Services otherwise accessible through the Application, although Carnival has no obligation to restrict or deny access even if requested by You.

4.5 Inaccurate or Inappropriate Materials. You understand that by accessing and using the Third Party Content and Services, You may encounter information, materials and subject matter (i) that are incomplete or inaccurate; (ii) that You or others may deem offensive, indecent, or objectionable; (iii) which may or may not be identified as having explicit language, and (iv) that automatically and unintentionally appears in search results, as a link or reference to objectionable material. Notwithstanding the foregoing, You agree to use the Third Party Content and Services at Your sole risk and that Carnival and its collaborators, suppliers, and licensors shall have no liability to You for information, material or subject matter that is found to be incomplete, inaccurate, offensive, indecent, or objectionable.

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5. ACCOUNTS, PROFILES AND SOCIAL FEATURES

5.1 Accounts. In order to access or use the features on the Service, You must be onboard a Vessel. The Application’s practices governing any resulting collection and use of Your personal information are disclosed in its Privacy Notice. IF YOU ARE UNDER THE AGE OF THIRTEEN (13) THEN CARNIVAL MUST OBTAIN VERIFIABLE CONSENT FROM YOUR PARENTS BEFORE YOU CAN REGISTER AS A USER, CREATE A PROFILE PAGE, SUBMIT PERSONAL INFORMATION TO US, OR OTHERWISE USE THIS APPLICATION. FOR INFORMATION ON THIS PROCESS, SEE GUEST SERVICES ON BOARD.

Your username will be your cruise Folio number and Your password will be the month and day of your birth (mm/dd) and You agree that: (i) You will not use a username (or e-mail address) that is already being used by someone else, may impersonate another person, belongs to another person, violates the intellectual property or other right of any person or entity, or is offensive. We may reject the use of any password, username, or e-mail address for any other reason in our sole discretion; (ii) You will provide true, accurate, current, and complete registration information about Yourself in connection with the registration process and, as permitted, to maintain and update it including on Your Profile Page, continuously and promptly to keep it accurate, current, and complete; (iii) You are solely responsible for all activities that occur under Your account, password, and username – whether or not You authorized the activity; (iv) You are solely responsible for maintaining the confidentiality of Your password and for restricting access to Your Device so that others may not access any password protected portion of the Application using Your name, username, or password; (v) You will immediately notify us of any unauthorized use of Your account, password, or username, or any other breach of security; (vi) You will not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and You will not post private or confidential information via the App, including, without limitation, Your or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses; (vii) You will not use the App for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to Your use of the App and your Content (defined below), including but not limited to, copyright laws; (viii) You will not interfere or disrupt the App or servers or networks connected to the App, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature; and (ix) You will not sell, transfer, or assign Your account or any account rights.

We will not be liable for any loss or damage (of any kind and under any legal theory) to You or any third party arising from Your inability or failure for any reason to comply with any of the foregoing obligations.

If any information that You provide, or if we have reasonable grounds to suspect that any information that You provide, is false, inaccurate, outdated, incomplete, or violates any applicable terms or conditions or law, then we may suspend or terminate Your account. We also reserve the more general and broad right to terminate Your account or suspend or otherwise deny You access to it or its benefits – all in our sole discretion, for any reason, and without advance notice or liability.

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5.2 Profiles. When You are on board Your Vessel, You can create a Profile. To create a Profile, You must be logged in to the Vessel’s Wi-Fi. Click here for terms and conditions related to the Carnival Wi-Fi Service. You must enter Your cruise Folio number, and the month and day of Your birth (mm/dd). You may be able to create a nickname and/or choose a profile picture. However, if You choose to submit photographs to the Application or include other images of real people, then make sure they are of You or of You and someone You know – and only if You have their express permission to submit it. EACH MEMBER OF YOUR TRAVELING PARTY MUST CREATE HIS OR HER OWN PROFILE IN ORDER TO ACCESS THE APP AND RELATED SERVICES.

Without limiting the foregoing, Profile Pages may not include content that You are attempting to sell through the Application, and cannot be used to conduct commercial activities, including, but not limited to, transactions, advertising, fundraising, contests or other promotions absent our prior written consent. We may offer You the ability to set preferences relating to Your profile or Application activities, but settings may not become effective immediately or be error free, and options may change from time-to-time. We assume no responsibility or liability for users’ Profile material.

We do not review Profile Pages to determine if they were created by an authorized person or an appropriate party, and we are not responsible for any unauthorized Profile Pages that may appear on the Application. If there is any dispute as to whether a Profile Page has been created or is being maintained by an authorized representative of the individual who is the subject of that Profile Page, then we shall have the sole right, but are not obligated, to resolve such dispute as we determine is appropriate in our sole discretion. Such resolution may include, without limitation, deleting or disabling access to Profile Pages, or any portion thereof, at any time without notice.

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5.3 Family and Friends. The Family and Friends feature allows You to plan Your shipboard activities with Your Family and Friends and other guests and to Chat with each other with the Chat function. Each person must purchase their own subscription for the Carnival Chat function in order to utilize this feature. You can add family members and friends to Your contacts. Family and Friends can share itinerary and activity information.

To invite Family or Friends who have their own App Profiles, You will need to sign in to the App and send Your Family Member or Friend an invitation to their e-mail address. When a Family Member or Friend accepts Your information, that person can see Your name or nickname, Your Profile photograph, and Your entire trip itinerary. Family and Friends who are on Your reservation will also be able to see Your reservation information.

Your Family Members and/or Friends may also send You an invitation. You acknowledge that by sending and/or accepting an invitation to connect on the App, You authorize that Family Member or Friend to plan or modify activities for You without notice to You. Carnival is not liable or responsible for the conduct of the family or friends You choose to connect with on the App, including in the planning or modification of activities on Your behalf, or for a family or friend’s use of any information You choose to share with the family or friend.

If You create a profile for a Family Member or a Friend who does not have his or her own App account, You are not creating an App account for that person. Instead, You are providing information about that Family Member or Friend in order to add him or her to activities on that person’s behalf. You may remove Family Members or Friends from these “Managed Profiles” at any time.

5.4 User Generated Content. Carnival may allow You to upload certain images, graphics, photos, audio and video clips, statements and other content or materials (collectively, "Content") on or through the App. You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the App. You are solely responsible for your conduct and any Content that You post on or through the App. Carnival may, but has no obligation to, remove, edit, block, and/or monitor Content or accounts containing Content that Carnival determines in its sole discretion violates this License.

Carnival does not claim ownership of any Content that You post on or through the App. Instead, you hereby grant to Carnival a non-exclusive, perpetual, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use publish and distribute the Content that you post on or through the App in all media and types of advertising and promotion throughout the world. You represent and warrant that: (i) You own the Content posted by You on or through the App or otherwise have the right to grant the rights and licenses set forth in these terms; (ii) the posting and use of your Content on or through the App does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) You agree to pay for all royalties, fees, and any other monies owed by reason of Content You post on or through the App; (iv) no advertisement or other materials need be submitted to You for further approval and Carnival shall be without liability to You for any distortion or illusionary effect resulting from the publication of my biography, picture, and likeness; and (v) You have the legal right and capacity to enter into this License in your jurisdiction. Additionally, You expressly release Carnival from and against any and all claims which You may have at any time for the remuneration, invasion of privacy, rights of publicity, defamation or any cause of action arising out of Carnival’s use or any advertisement, marketing device or other publication relating to Carnival’s use of your Content.

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6. PURCHASE OF CHAT SUBSCRIPTION

6.1 The Application Chat function will enable You to communicate (“Chat”) with Your Friends and Family while on the Vessel. All Friends and Family who are identified as “travel with,” “same cabin” or “same account” on Your Folio will automatically be pre-loaded as contacts. In order to Chat with anyone else, You must first add them to Your Profile and they must accept Your invitation to Chat. In order to use the Carnival Chat function, You must purchase a subscription. A valid/funded/activated sail and sign card is required for purchase. Your Friend and/or Family Member must also be subscribed to Carnival Chat. The purchase of a Carnival Chat subscription is a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable right to use the Chat function for the duration of Your Carnival sailing. Accordingly, Youhave no property, proprietary, intellectual property, ownership, or monetary interest in Your Chats, which remain our Content. The right may be immediately suspended or terminated for any reason, in our sole discretion, and without advance notice or liability. We may modify usage subscriptions and virtual items at our sole discretion, and such modifications may make the usage subscriptions or virtual items more or less common, valuable, effective, or functional.

6.2 You may not purchase, sell, barter, or trade any usage subscriptions or virtual items, or offer to purchase, sell, or trade any usage subscriptions or virtual items. Any such attempted transfer will be null and void.

6.3 If we suspend or terminate any usage subscriptions or virtual items, then You will forfeit the suspended or terminated subscription or items, except as may be set forth in any additional terms (such as any refund policies that may apply to a subscription service). Likewise, except as may be set forth in any additional terms or as required by applicable law, we are not responsible for repairing or replacing same, or providing You any credit or refund or any other sum, in the event of our modification of any usage subscriptions or virtual item, or for loss or damage due to error, or any other reason.

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7. TERM AND TERMINATION

This License shall be effective until terminated. Carnival may, in its sole and absolute discretion, at any time and for any or no reason, suspend or terminate this License and the rights afforded to You hereunder with or without prior notice. Furthermore, if You fail to comply with any terms and conditions of this License, then this License and any rights afforded to You hereunder shall terminate automatically, without any notice or other action by Carnival Upon the termination of this License, You shall cease all use of the Application and uninstall the Application. Carnival may, without notice to You, disable the Application. Carnival will not be liable to You or any third party for compensation, indemnity, or damages of any sort as a result of terminating this License in accordance with its terms, and termination of this License will be without prejudice to any other right or remedy Carnival may have, now or in the future. These obligations survive termination of this License.

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8. DISCLAIMER OF WARRANTIES

YOU ACKNOWLEDGE AND AGREE THAT THE APPLICATION, INCLUDING ALL CONTENT CONTAINED THEREIN OR ACCESSED THEREBY, IS PROVIDED ON AN “AS IS’ AND “AS AVAILABLE” BASIS, AND THAT YOUR USE OF OR RELIANCE UPON THE APPLICATION AND ANY THIRD PARTY CONTENT AND SERVICES ACCESSED THEREBY IS AT YOUR SOLE RISK AND DISCRETION. CARNIVAL AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND GUARANTIES REGARDING THE APPLICATION AND THIRD PARTY CONTENT AND SERVICES, WHETHER ORAL, EXPRESS, IMPLIED OR STATUTORY, AND WHETHER ARISING BY LAW, STATUTE, USAGE OF TRADE, CUSTOM, COURSE OF DEALING OR PERFORMANCE OF THE PARTIES, OR THE NATURE OR CONTEXT OF THIS LICENSE, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FURTHERMORE, CARNIVAL AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE APPLICATION OR THIRD PARTY CONTENT AND SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE APPLICATION OR THIRD PARTY CONTENT AND SERVICES WILL BE UNINTERRUPTED, ACCURATE, RELIABLE, TIMELY, SECURE, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS OR ERROR-FREE; (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH THE APPLICATION WILL BE AS REPRESENTED OR MEET YOUR EXPECTATIONS; OR (IV) ANY ERRORS IN THE APPLICATION OR THIRD PARTY CONTENT AND SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CARNIVAL OR FROM THE APPLICATION SHALL CREATE ANY REPRESENTATION, WARRANTY OR GUARANTY. FURTHERMORE, YOU ACKNOWLEDGE THAT CARNIVAL AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS HAVE NO OBLIGATION TO CORRECT ANY ERRORS OR OTHERWISE SUPPORT OR MAINTAIN THE APPLICATION. YOU ACKNOWLEDGE THAT THE APPLICATION IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE PERFORMANCE OF, USE OR MISUSE OF, FAILURE OF, OR ERRORS OR INACCURACIES IN THE CONTENT, DATA OR INFORMATION PROVIDED BY, THE APPLICATION COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL, PROPERTY, OR ENVIRONMENTAL DAMAGE. CARNIVAL AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS DO NOT WARRANT THAT THE APPLICATION WILL BE COMPATIBLE OR INTEROPERABLE WITH YOUR DEVICE OR ANY OTHER PIECE OF HARDWARE, SOFTWARE, EQUIPMENT OR DEVICE INSTALLED ON OR USED IN CONNECTION WITH YOUR DEVICE. FURTHERMORE, YOU ACKNOWLEDGE THAT COMPATIBILITY AND INTEROPERABILITY PROBLEMS CAN CAUSE THE PERFORMANCE OF YOUR DEVICE TO DIMINISH OR FAIL COMPLETELY, AND MAY RESULT IN PERMANENT DAMAGE TO YOUR DEVICE, LOSS OF THE DATA LOCATED ON YOUR DEVICE, AND CORRUPTION OF THE SOFTWARE AND FILES LOCATED ON YOUR DEVICE. YOU ACKNOWLEDGE AND AGREE THAT CARNIVAL AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, SHALL HAVE NO LIABILITY TO YOU FOR ANY LOSSES SUFFERED, RESULTING FROM OR ARISING IN CONNECTION WITH COMPATIBILITY OR INTEROPERABILITY PROBLEMS. SHOULD THE APPLICATION PROVE DEFECTIVE, YOU ASSUME THE ENTIRE BURDEN OF ALL NECESSARY EXPENSES, SERVICING, REPAIR, OR CORRECTION. THIS SECTION 8 SHALL SURVIVE TERMINATION OF THIS LICENSE.

NOTWITHSTANDING AND WITHOUT WAIVING THE FOREGOING, THE TERMS AND CONDITIONS OF THE RELATED AGREEMENTS MAY PROVIDE LIMITED REMEDIES TO YOU.

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9. LIMITATION OF LIABILITY

EXCEPT TO THE EXTENT PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES SHALL CARNIVAL, ITS COLLABORATORS, SUPPLIERS OR LICENSORS, NOR THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE FOR ACCIDENTS, PROPERTY DAMAGE, PERSONAL INJURY, DEATH, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SALE OR DISTRIBUTION OF, THE PERFORMANCE OR NON-PERFORMANCE, OR YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE APPLICATION AND ANY THIRD PARTY CONTENT AND SERVICES, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT SUCH PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CARNIVAL’S AGGREGATE LIABILITY TO YOU (WHETHER UNDER CONTRACT, TORT, STATUTE OR OTHERWISE) SHALL NOT EXCEED THE GREATER OF (i) THE INITIAL PURCHASE PRICE PAID BY YOU FOR THE APPLICATION, (ii) THE AGGREGATE AMOUNT YOU PAID TO CARNIVAL FOR THE APPLICATION DURING THE ONE MONTH PRECEDING THE DATE THAT THE CLAIM ARISES, OR (iii) TWO DOLLARS ($2.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THIS SECTION 9 SHALL SURVIVE TERMINATION OF THIS LICENSE.

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10. INDEMNIFICATION

You shall indemnify, defend and hold harmless CARNIVAL and its collaborators, suppliers and licensors, and their officers, directors, agents and employees (the “Indemnified Parties”) from and against any claim, proceeding, loss, damage, fine, penalty, interest and expense (including, without limitation, fees for attorneys and other professional advisors) arising out of or in connection with the following: (i) Your access to or use of this Application or Third Party Content and Services; (ii) Your breach of this License; (iii) Your violation of law; (iv) Your negligence or willful misconduct; or (v) Your violation of the rights of a third party. You will promptly notify Carnival in writing of any third-party claim arising out of or in connection with Your access to or use of the Application. These obligations survive termination of this License.

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11. DISPUTE RESOLUTION BY BINDING ARBITRATION

PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS

Summary:

Most customer concerns can be resolved quickly and to the customer's satisfaction by calling our customer service department at 1-888-227-6482. In the unlikely event that Carnival's customer service department is unable to resolve a complaint You may have to Your satisfaction (or if Carnival has not been able to resolve a dispute it has with You after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction. The arbitration will be governed by the Commercial Arbitration Rules of the American Arbitration Association (“AAA”), as modified by this License, and will be administered by the AAA in Miami, Florida. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under this License will take place on an individual basis; class arbitrations and class actions are not permitted.

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12. MISCELLANEOUS

The following provisions survive termination of this License:

12.1 Governing Law, Limitation on Actions. This site is controlled and operated by Carnival from its offices within the State of Florida, United States of America. Carnival makes no representation that materials in the site are appropriate or available for use in other locations. These terms shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Miami-Dade County and You hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action

12.2 Severability. If any provision of this License is held to be invalid or unenforceable with respect to a party, the remainder of this License, or the application of such provision to persons other than those to whom it is held invalid or unenforceable shall not be affected and each remaining provision of this License shall be valid and enforceable to the fullest extent permitted by law.

12.3 Waiver. Except as provided herein, the failure to exercise a right or require performance of an obligation under this License shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute waiver of any subsequent breach.

12.4 Modification or Amendment. Carnival reserves the right to modify or discontinue, temporarily or permanently, at any time and from time to time, the App (or any function or feature of the App or any part thereof, including but not limited to rates and charges) with or without notice. You agree that Carnival will not be liable to You or to any third party for any such modification, suspension or discontinuance of the Service. This License may be updated or changed from time to time, as determined by Carnival in its sole discretion. Carnival will provide notice of changes in the License in any manner acceptable by law, including by posting them to our onboard website or at such other website as Carnival may designate. Any changes or modifications will be effective immediately upon such notice, and You waive any right You may have to receive specific notice of such changes or modifications. Your use of the App following updates or a change to this License constitutes Your acceptance of those changes; therefore, You should frequently review this license to understand the terms and conditions that apply to Your use of the Service. If You do not agree to the revisions, You must terminate Your use of the App immediately.

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12.5 Survival. Any provisions of this License which by their express language or by their context are intended to survive the termination of this License shall survive such termination.

12.6 Third Party Beneficiaries. Except as explicitly provided in this License or in the Related Agreements, nothing contained in this License is intended or shall be construed to confer upon any person (other than the parties hereto) any rights, benefits or remedies of any kind or character, or to create any obligations or liabilities of a party to any such person.

12.7 No Transfer by You. You may not rent, lease, lend, sublicense, assign or transfer the Application, this License or any of the rights granted hereunder. Any attempted transfer in contravention of this provision shall be null and void and of no force or effect. These obligations survive termination of this License. Carnival may assign this License without restriction.

12.8 Copyright Complaints. Carnival respects the intellectual property rights of others. If You believe that Your work has been copied and has been posted, stored or transmitted by or through the Application in a way that constitutes copyright infringement, please submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Carnival’s Copyright Agent the following written information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that You claim has been infringed upon;
A specific description of where the material that You claim is infringing is located;
Your address, telephone number, and e-mail address;
A 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;
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.

Carnival’s Copyright Agent for notice of claims of copyright infringement relating to the Application can be reached as follows:

Attn: General Counsel Carnival Cruise Lines 3655 NW 87^th Avenue MLGL-815 Miami, Florida 33178-2428

For more information about Carnival’s copyright protection practices under the DMCA and for information on how to contact Carnival’s DMCA agent, please refer to Carnival's Legal Copyright & Trademarks page.

12.9 Entire Agreement. This License including the documents incorporated herein by reference constitute the entire agreement with respect to the use of the Application licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter.

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THIRD PARTY TERMS. The below Third Party Terms are incorporated herein and made part of this License: Apple and Google.

APPLE: Additional provisions and Usage Rules required by Apple, Inc. (“Apple”) may be found at Apple's Media Services Terms and Conditions page . If Your Device is manufactured by Apple or if You obtain the downloadable Application through iTunes, You and Carnival acknowledge and agree that Apple and its subsidiaries are third party beneficiaries to this License, and that, upon Your acceptance of the terms and conditions of this License, Apple will have the right to enforce this License against You in its capacity as a third party beneficiary to the License. APPLE SHALL HAVE NO RESPONSIBILITY FOR ANY CLAIMS MADE BY YOU OR ANY THIRD PARTY RELATED TO THE APPLICATION OR YOUR USE OR POSSESSION OF THE APPLICATION, INCLUDING, BUT NOT LIMITED TO (i) PRODUCT LIABILITY CLAIMS, (ii) ANY CLAIM THAT THE APPLICATION FAILS TO CONFORM TO ANY APPLICABLE LEGAL OR REGULATORY REQUIREMENT, (iii) CLAIMS ARISING UNDER CONSUMER PROTECTION OR SIMILAR LEGISLATION, OR (iv) ANY CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE OF THE APPLICATION TO CONFORM TO ANY WARRANTY, EXPRESS OR IMPLIED. IF YOU HAVE PAID ANY FEE TO APPLE FOR USE OF THE APPLICATION, IN THE EVENT OF ANY FAILURE OF THE APPLICATION TO CONFORM TO ANY APPLICABLE WARRANTY, YOU MAY NOTIFY APPLE, AND APPLE WILL, AS YOUR SOLE AND EXCLUSIVE REMEDY, REFUND TO YOU THE PURCHASE PRICE PAID, IF ANY, FOR THE APPLICATION. APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE APPLICATION.

GOOGLE Additional provisions and Usage Rules required by Google Inc. (“Google”) may be found at Google Play Terms of Service page . If Your Device is manufactured by Google or if You obtain the downloadable Application through Google Play, You and Carnival acknowledge and agree that Google and its subsidiaries are third party beneficiaries to this License, and that, upon Your acceptance of the terms and conditions of this License, Google will have the right to enforce this License against You in its capacity as a third party beneficiary to the License.

April 2015

Statement Pursuant to Modern Slavery Act 2015

Carnival Corporation & plc is the world’s largest leisure travel company and provides travelers around the globe with extraordinary vacations at an exceptional value. The company’s portfolio of global cruise line brands includes brands in the United States, Europe, Asia and Australia, and our ships visit more than 700 ports around the world. These ships are home to over tens of thousands of shipboard employees who come from various countries around the world.

The United Kingdom’s Modern Slavery Act 2015 requires companies like ours to disclose information regarding their efforts to combat slavery and human trafficking in their supply chain and within their business. We take this responsibility very seriously and are proud of the measures we have taken in this regard.

This statement has been approved by our Boards of Directors and sets out the steps that we have taken during the previous fiscal year to combat slavery and human trafficking within the internal operations of our company or the suppliers, vendors and other companies we partner with around the world.

Our employees are subject to and are expected to follow our Code of Business Conduct and Ethics, which requires employees to act “with the utmost integrity when dealing with fellow employees, guests, global communities, government agencies, vendors, contractors, service providers, agents and other business partners.” Our Code explicitly condemns all forms of child exploitation and forced labor and states our intent to comply with and support laws and regulations relevant to slavery and human trafficking.

All of our employees are required to complete ethics training courses to help them understand the company’s expectations and the importance of conducting business in an ethical and responsible manner. This training is required for new employees and is refreshed at regular intervals to promote continued attention and focus on these issues. Employees who fail to meet our expectations are subject to disciplinary action up to and including termination.

Similarly, we expect our business partners to respect and follow applicable laws and regulations and to promote ethical decisions in all aspects of their business. These requirements are documented in our Business Partner Code of Conduct and Ethics, which specifically prohibits the use of slavery and human trafficking in our direct supply chain. This requirement is communicated to business partners through online supplier portals, in contracts, in our standard terms and conditions and as part of our standard due diligence procedures.

Our Code of Business Conduct and Ethics and Business Partner Code of Conduct and Ethics are available here.

We apply risk-based due diligence to our relationships with business partners. We decline to enter or continue business with any business partners who fail to complete the required due diligence requirements or who fail to meet our standards.

Employees and business partners are actively encouraged to raise and report any issues of concern to their local management team, our Compliance Department or anonymously through our hotline. All reports are reviewed, and investigations and corrective (or other) action are applied when appropriate.

The above processes are reviewed and updated on a regular basis to ensure that they are appropriate to our industry and business and that they remain effective.