Terms of Service The social networking service that you are now accessing, thecrystalcove.net (the "Site"), is provided by Crystal Cruises, Inc. (together with its affiliates, successors and assigns, "Crystal Cruises, Inc.", "we" or "us"). The Site is powered, hosted and maintained by Sparta Social Networks. The following Terms of Service ("TOS") govern your use of the Site. 1. Acceptance of Terms of Service By completing the registration process and clicking on the "join" button, you agree to be bound by these TOS in your access to and use of the Site. 2. Privacy/Registration Information Crystal Cruises, Inc. respects the privacy of visitors that access the Site. Please take a moment to review the Privacy Policy governing the Site, which can be found at www.thecrystalcove.net/Privacy. By completing the registration process and clicking on the "join" button, you agree to the terms of the Privacy Policy. The Site is intended for adult use only. Anyone under the age of 18 is not permitted to register to use the Site. Crystal Cruises, Inc. reserves the right to deny access to the Site, or any service provided through the Site, to anyone who violates these TOS or who, in Crystal Cruises, Inc.'s reasonable judgment, interferes with the ability of others to enjoy the Site, or infringes on the rights of others. While not limiting the foregoing, you acknowledge and agree that your account used to access the Site may be terminated by Crystal Cruises, Inc. if it learns, at any time, that you have provided Crystal Cruises, Inc. false or misleading information during the process of registering (or re-registering) with the Site. 3. Modifications to these Terms of Service Crystal Cruises, Inc. may modify these Terms of Service and/or the Privacy Policy from time to time in their sole discretion. You will be provided reasonable notice of any material changes to these TOS or the Privacy Policy; your continued use of the Site constitutes your acceptance of any changes to these Terms of Service or the Privacy Policy. Accordingly, please review the TOS and Privacy Policy whenever you use the Site and do not use the Site if you do not agree to these TOS or the Privacy Policy. 4. Modifications to the Site Crystal Cruises, Inc. may, in its sole discretion, add, delete, modify or amend features and/or services contained within the Site. 5. Content Produced by Registered Members (Your License to Us and Our License to You) You alone are responsible for any materials you post or make available on or through the Site, including but not limited to message board posts, blogs, bookmarks, homepages, personal profiles and member profiles ("Content"). Additionally, you alone are responsible for the consequences of any Content you post or otherwise make available on or through the Site. By submitting or otherwise making available materials on or through the Site, you are representing that you are the owner of such materials, or are submitting the materials with the express consent of the owner. Further, you acknowledge that all Content posted is expressed on your behalf, and not on behalf of Crystal Cruises, Inc. By submitting or otherwise making available materials to the public areas of the Site, you agree that Crystal Cruises, Inc. will at all times maintain a perpetual, irrevocable, royalty-free, worldwide, fully paid, assignable right and license to reproduce, repurpose, use, store, modify, edit, distribute or make available any portion or portions of such materials as it sees fit in any medium, now known or hereafter developed, for any purpose whatsoever, subject only to the terms set forth in these TOS. While not limiting the rights under the foregoing sentence, Crystal Cruises, Inc. reserves the right to excerpt, store, use or distribute, in whole or in part, any Content, text, or images contained in your personal profiles or posted by you on any public areas maintained within the Site, along with your screen name or user ID you select, and feature them in ads, supplements and content pages in any print publications owned, controlled or otherwise maintained by Crystal Cruises, Inc. You also agree that Crystal Cruises, Inc. may identify you as the author of any of your postings by name, email address or screen name as each deems appropriate. You acknowledge and agree that Crystal Cruises, Inc. reserves the right (but assumes no obligation) to delete, move, or edit any postings that come to their attention that they consider unacceptable or inappropriate, whether for legal or other reasons. You agree not to post or otherwise make available any contact information (related to you or any other person) in any public areas (e.g., personal profiles, message boards, etc.) maintained within the Site. The term "contact information" includes but is not limited to any person's full name, email addresses, phone numbers and mailing addresses. Crystal Cruises, Inc. reserves the right, but does not maintain the obligation, to remove any contact information they might find in such public areas. You acknowledge and agree that Crystal Cruises, Inc. will maintain no responsibility whatsoever for any contact or interaction that occurs between you and any other user or member of the Site. As between you and Crystal Cruises, Inc., you alone shall be solely responsible for any consequences arising from your sharing, making available or otherwise exchanging, through a public area on the web or via a private exchange, any form of "contact information" with any user or member of the Site. Any images you post in personal profiles must be of you only. If you post a photo, Crystal Cruises, Inc. may select you and your photo as a Featured Profile on the Site (including the homepage). If you are selected as a Featured Profile, any changes you make to your personal profile that day (including adding or deleting photos, editing preferences or text, hiding or deleting the personal profile, etc.) will not be reflected in the photo or quote featured. You may opt out of being selected for the Featured Profile via the "Edit Account Settings" screen but you MUST opt out prior to being selected. Any images of yourself that you upload to your personal profiles must be recent photographs of yourself. Under no circumstances shall you post or otherwise make available images of genitalia or other graphic sexually oriented Content in your personal profiles or in any other public areas within the Site; if you do, Crystal Cruises, Inc. maintains the right, but does not assume the obligation, to delete your personal profile, edit your personal profile by removing such images or Content, and/or terminate your membership to the Site, whereby your premium membership (if any) will be automatically forfeited as "partial damages" toward your breach of these TOS. 6. Copyrighted Material While it's free to register with the Site, neither Crystal Cruises, Inc. nor Sparta Social Networks intend to forfeit their rights, or anyone else's rights, to the materials appearing on the Site. The materials available through the foregoing services, site and areas are the property of Crystal Cruises, Inc., Sparta Social Networks and their respective third party providers, and are protected by copyright, trademark and other intellectual property laws. You are free to access and use the Site for your personal, non-commercial use. But you may not otherwise copy, reproduce, retransmit, distribute, publish, commercially exploit, or otherwise transfer any such materials in any format, electronic or otherwise. Your access to Content posted by other Site members is also for your personal use only. If you want to redistribute such Content, it is your responsibility to obtain permission from the member who posted it. Crystal Cruises, Inc. respects the intellectual property of others and expects users of the Site to do the same. Crystal Cruises, Inc. will comply with all relevant copyright laws. We will review all claims of copyright infringement received and remove Content deemed to have been posted or distributed in violation of any such laws. To make a claim, please provide Crystal Cruises, Inc. with the following: A. A physical or electronic signature of a person authorized to act on behalf of the copyright owner or exclusive licensee. B. Identification of the copyrighted work claimed to be infringed. If a notice refers to multiple works posted at a single location, it is sufficient to include a representative list of works infringed at the site. C. Identification of the material claimed to be infringing including information reasonably sufficient to permit the service provider to locate the material. Specifically, a complete URL - or URLs in the case of multiple works - must be provided. D. Information reasonably sufficient to permit us to contact the complaining party, including an address, telephone number, and email address. E. A statement that the complaining party believes, in good faith, that the copyrighted material identified is being used in a manner that is not authorized by "the copyright owner, its agent, or the law." F. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Any notification by a copyright owner or a person authorized to act on the copyright owner's behalf that fails to comply with the provisions above shall not be considered sufficient notice and shall not be deemed to confer upon Crystal Cruises, Inc. actual knowledge of facts or circumstances from which infringing material or acts are evident. Notices shall be sent to the Designated Agent for notice of claims of copyright infringement of Crystal Cruises, Inc., as follows: By e-mail: crystalcovecopyright@crystalcruises.com By postal mail or courier: Copyright Agent Crystal Cruises, Inc. C/O Michael de la Cruz 2049 Century Park East Suite 1400 Los Angeles, CA 90067 The Designated Agent will accept reports alleging copyright infringement by persons using the Site services. 7. Your Account and Password You are responsible for maintaining the confidentiality of your member name and password. You are responsible for all uses of your account, whether or not authorized by you. You agree to immediately notify Crystal Cruises, Inc. of any unauthorized use of its account. You may cancel your account at any time by clicking on the "Contact us" link in any page in the Site and following the instructions there. Once your account has been deleted you will no longer have access to your account. 8. Links Crystal Cruises, Inc. may provide links to other web sites or resources. Because Crystal Cruises, Inc. has no control over such sites and resources, you acknowledge and agree that Crystal Cruises, Inc. is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for the policies or terms of use of any such sites or resources or any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Crystal Cruises, Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. 9. Blog, Message Board and Idea Exchange Content Guidelines for posting to your online blog, the message boards, idea exchange, and other areas shall be as follows: A. All Content posted to the Site in any way, is the responsibility and property of the author. Crystal Cruises, Inc. is committed to keeping the Site in decent standing for all audiences but is not responsible for the monitoring or filtering of any blog, message board, or idea exchange Content. Those users posting material not suitable for all audiences must agree that they are fully responsible for all the Content they have posted anywhere on the Site. Should Content be deemed illegal by such law having jurisdiction over the user, Crystal Cruises, Inc. is committed to submitting all necessary information to the proper authorities; B. Should any Content be reported to Crystal Cruises, Inc. as being offensive or inappropriate, Crystal Cruises, Inc. may or may not call upon the author to retract, modify, or protect (by means of private and friends only settings) the Content in question. Crystal Cruises, Inc. has the full authority to terminate any such reported and verified offensive account holding such inappropriate Content or delete any Content it views as violating its TOS. Crystal Cruises, Inc., however, is under no obligation to restrict or monitor blog, message board or idea exchange, Content in any way; C. Crystal Cruises, Inc. claims no ownership or control over any Content posted by its users. The author retains all patent, trademark, and copyright to all Content posted within available fields, and is responsible for protecting those rights, but is not entitled to the help of the Crystal Cruises, Inc. staff in protecting such Content; D. Crystal Cruises, Inc. reserves the right, without limitation except by law, to serve member or user Content on the web. Crystal Cruises, Inc. also reserves the right, without limitation, to resell any portion of a member's blog back to that individual; E. You acknowledge that Crystal Cruises, Inc. does not pre-screen Content, but that Crystal Cruises, Inc. and its designates shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available through the Site. Without limiting the foregoing, Crystal Cruises, Inc. and its designates shall have the right to remove any Content that violates these TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. Furthermore, Crystal Cruises, Inc. reserves the right to limit access to your blog, the message boards and the idea exchange if found in violation of these TOS. 10. Code of Conduct Crystal Cruises, Inc. reserves the right at all times to disclose any Content found on the Site it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any such Content, in whole or in part, in Crystal Cruises, Inc.'s sole discretion. In furtherance of the foregoing, and by way of example and not as a limitation, you agree that you may not access or use the Site in order to: A. Conduct or send surveys, contests, pyramid schemes, chain letters, junk e-mail, spam or any duplicative or unsolicited messages (commercial or otherwise). B. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. C. Publish, post, upload, transmit, distribute or disseminate Content that is harmful, abusive, vulgar, sexually explicit, defamatory, libelous, obscene, infringing, embarrassing, unwanted, invasive of another's right of privacy or publicity, hateful or racially, ethnically or, in a reasonable person's view, otherwise offensive or objectionable. D. Use, upload, transmit, distribute or otherwise make available any Content, including images or photographs, which are made available through such Sites in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity). E. Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Services or other users' computer. F. Except as expressly authorized by Crystal Cruises, Inc., advertise or offer to sell or buy any goods or services for any purpose, unless the Crystal Cruises, Inc.specifically allow such messages. G. Falsify, delete or disable any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other Content. H. Restrict or inhibit any other user from using and enjoying the Sites. For example, disrupting the flow of chat in chat rooms with vulgar language, abusiveness, hitting the return key repeatedly, inputting excessively large images so the screen goes by too fast to read, use of excessive SHOUTING (all caps) in an attempt to disturb other users, "spamming," or flooding (continuous posting repetitive text), are prohibited. I. Intentionally or unintentionally violate any license agreement (including, without limitation, any end user license, code of conduct or other terms of use/service or guidelines) which may be applicable for any particular use of the Site. J. Harvest (in an automated manner or otherwise) or otherwise collect personal information about others, including e-mail addresses, or use such information to send unsolicited e-mails. K. Intentionally or unintentionally violate any applicable laws or regulations, or promote or encourage any illegal activity including, without limitation, hacking or cracking the Site. L. Impersonate or create a false identity (such as a celebrity or a representative of Crystal Cruises, Inc.) for the purpose of misleading others, or falsely state or otherwise misrepresent your affiliation with a person or entity. M. Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Site or other user or usage information or any portion thereof. N. Attempt to get a password, other account information, or other private information from a member or any other user of the Site. O. Improperly report or make false reports to Crystal Cruises, Inc. administrators. P. Use the Site (including blogs or other communications services) in any manner other than for personal communication as an individual user (i.e. not as a corporation or other entity). Q. Use the Site to resell or make any commercial use of the Site, or otherwise commercially exploit the same, without the prior express written consent of Crystal Cruises, Inc.. R. Use the Site for fraudulent transactions or other commercial transactions prohibited by these TOS. Please report any abuses of this Code of Conduct or Terms of Service by sending an e-mail to crystalcoveabuse@crystalcruises.com. 11. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY The materials and services provided through the Site are for informational purposes only. You may only use the materials and services for your personal and non-commercial use. Before you act on any information you've found on the Site, you should confirm any facts that are important to your decision. IF YOU RELY ON ANY INFORMATION OR SERVICE AVAILABLE THROUGH THE SITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE, LOSS OR HARM YOU MAY INCUR THAT RESULTS FROM YOUR USE OF ANY SERVICE OR ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THE SITE. THE SITE AND ALL MATERIALS, INFORMATION AND SERVICES AVAILABLE ON OR THROUGH ANY OF THE FOREGOING, ARE PROVIDED TO YOU "AS IS", "WITH ALL FAULTS", AND "AS AVAILABLE". CRYSTAL CRUISES, INC., SPARTA SOCIAL NETWORKS, AND EACH PARTY'S THIRD PARTY PROVIDERS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH THE SITE, NOR DO WE GUARANTEE THAT THE MATERIALS, INFORMATION OR SERVICES PROVIDED THROUGH THE SITE WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CRYSTAL CRUISES, INC. AND SPARTA SOCIAL NETWORKS MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DOES CRYSTAL CRUISES, INC. OR SPARTA SOCIAL NETWORKS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE SITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF SUCH MATERIAL AND/OR DATA. CRYSTAL CRUISES, INC., SPARTA SOCIAL NETWORKS AND THEIR RESPECTIVE THIRD PARTY PROVIDERS MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITE, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH ANY SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS OF SERVICE. UNDER NO CIRCUMSTANCES SHALL CRYSTAL CRUISES, INC., SPARTA SOCIAL NETWORKS AND THEIR RESPECTIVE THIRD PARTY PROVIDERS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF THE USE OF THE SITE INCLUDING, WITHOUT LIMITATION, LIABILITY FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF CRYSTAL CRUISES, INC., SPARTA SOCIAL NETWORKS AND THEIR RESPECTIVE THIRD PARTY PROVIDERS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW. 12. Member Content Storage Crystal Cruises, Inc., Sparta Social Networks, and their respective third party providers assume no responsibility for the deletion, the inability, or failure to store your Content. 13. Indemnification You agree to defend, indemnify and hold Crystal Cruises, Inc., Sparta Social Networks, their respective parents, subsidiaries, affiliates and agents, and each of their respective officers, directors, employees and third party providers harmless from and against any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site, your violation of these TOS, your violation of any laws, or the infringement by you, or any other user of your account, of any intellectual property or other right of any person or entity. 14. Termination of Membership Crystal Cruises, Inc. reserve the right to refuse membership to anyone. Crystal Cruises, Inc. may terminate your membership and any and all information, communications, or postings at any time, without notice, for conduct that violates these TOS or other policies or guidelines set out by Crystal Cruises, Inc. and elsewhere on, or for online conduct that Crystal Cruises, Inc. believes is harmful to other members, the business of Crystal Cruises, Inc. or other third-party providers. Crystal Cruises, Inc. can't regulate what occurs when Site members decide to communicate outside the Site or otherwise meet offline. Nevertheless, if Crystal Cruises, Inc. believes that your use of the Site could lead to offline behavior that is harmful to you, other Site members, the public, Crystal Cruises, Inc.'s business or the business of any third party provider, Crystal Cruises, Inc. maintains the right (but not the obligation) to suspend your account. Depending on the severity of the matter, number of complaints (if any), and other factors, Crystal Cruises, Inc. may or may not send you warning emails before suspending your account. Likewise, Crystal Cruises, Inc. and its respective third party providers each maintain the right (but not the obligation) to review private electronic messages distributed through the Site and to use any other form of information available to Crystal Cruises, Inc. by virtue of your use of the Site (including, for example, reverse IP address inquiry) in order to comply with the law, to enforce these TOS, or to protect the rights, property or safety of our members, visitors, customers, the public, the Site or any third party providers. 15. Governing Law; Legal Venue These TOS shall be governed by the laws of the State of California in The United States of America, excluding that body of law known as conflicts of law and the United Nations Convention on Contracts for the Sale of Goods. You irrevocably (i) agree that any action or proceeding arising from or relating to these TOS or your use of Site may be brought only in the state or federal courts located in Los Angeles County, California, (ii) consent, for yourself and in respect of your property, to the jurisdiction of each such court in any such action or proceeding, and (iii) waive any objection to proceeding in such venue, including that the forum is inconvenient. YOU IRREVOCABLY WAIVE ALL RIGHT TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TOS OR YOUR USE OF THE SITE. 16. Miscellaneous If any provision herein is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. These TOS, together with the Privacy Policy, which is incorporated herein by reference, constitutes the entire agreement between the parties pertaining to the subject matter hereof, and supersedes in their entirety any and all written or oral agreements previously existing between the parties with respect to such subject matter. The provisions of these TOS are to be interpreted in a reasonable manner to effect the purpose of the parties, and these TOS is not to be interpreted or construed against us because we participated in the drafting of these TOS. The invalidity or unenforceability of any provision of these TOS will not affect the validity or enforceability of any other provision. All terms and conditions of these TOS which by their nature are meant to survive the termination of these TOS will survive termination. BY USING THE SITE, YOU AGREE TO BE BOUND BY THESE TOS.