2. Payment, Refund and Taxes Policy. You may download the Norwegian iConcierge App on your mobile device at no charge. Select services which are made available to You on your Norwegian iConcierge App may have a charge associated with their use. Any charge which you may incur after purchasing select services on your Norwegian iConcierge App shall be applied to your onboard folio account. Billing shall occur at the time or shortly after your transaction. You agree that you will pay for any Service purchased on the Norwegian iConcierge App for which a charge is applicable. We may charge your folio for any Service purchased for which a charge shall apply. The total price charged to You for the purchase of such Service will include: 1. the price of the Service purchased on the Norwegian iConcierge App plus any applicable sales tax; such sales tax is based on the bill-to address and the sales tax rate in effect at the time You download the Norwegian iConcierge App. We will charge tax only in states where digital goods are taxable.
The pricing of the Norwegian iConcierge App may change at any time and We do not provide price protection or refunds in the event of a price reduction or promotional offering.
If technical problems prevent or unreasonably delay the delivery of the Norwegian iConcierge App, your exclusive and sole remedy is either replacement or refund of the price paid for the Norwegian iConcierge App as We may determine.
3. Shore Excursion Purchases. One of the Services available through the use of the Norwegian iConcierge App is the option to purchase shore excursions. Many of the shore excursions available for sale have age requirements. You hereby agree that You will only purchase shore excursions for yourself or any other individual for which You and such other individuals if You comply with the age requirements of the shore excursion.
4. Carrier Charges. You recognize that you are responsible for paying all roaming charges, data charges, text message (SMS) charges, plan charges, overage charges and any other possible charges that result because of the use of the Norwegian iConcierge App. You agree to pay all charges to your carrier and confirm that We are not responsible for paying any charges to your carrier. You hereby agree that in the instance that You fail to deactivate your mobile device You will be responsible for any roaming charges incurred.
5. No Reverse Engineering. You may not, and You will not encourage, assist or authorize any other person to, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Norwegian iConcierge App, whether in whole or in part, or create any derivative works from or of the Norwegian iConcierge App.
6. Updates. In order to keep the Norwegian iConcierge App up-to-date, We may offer automatic or manual updates at any time and without notice to You. The updates are designed to improve and enhance the Norwegian iConcierge App and may take the form of software fixes and new functionality. If We elect to provide maintenance or support of any kind, We may terminate that maintenance or support at any time without notice to you.
7. Export Regulations. You will comply with all export and re-export restrictions and regulations of the United States Department of Commerce and other United States and foreign agencies and authorities that may apply to the Norwegian iConcierge App, and not to transfer, or encourage, assist, or authorize the transfer of the Norwegian iConcierge App to a prohibited country or otherwise in violation of any applicable restrictions or regulations.
9. Account Registration; Use of Data.
(a) You may register your Mobile Device with your onboard cabin and establish an account (the “Account”) with Us. Do not reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account, and for all activities that occur on or through your Account, and you agree to immediately notify Us of any security breach of your Account using the contact information provided in Section 20 of this Agreement. We shall not be responsible for any losses arising out of the unauthorized use of your Account. You agree to provide accurate and complete information when you register with Us, and as you use, the Norwegian iConcierge App and the Services (“Registration Data”), and you agree to update your Registration Data to keep it accurate and complete. You agree that We may store and use the Registration Data you provide for use in maintaining your Account, to provide the Services and other technologies to you, billing fees to your Account (if applicable), and improving the Norwegian iConcierge App.
(b) You agree that We may collect, store and use technical data and related information (“Technical Data”)—including but not limited to technical information about your Mobile Device, system and application software, and peripherals—that is gathered periodically to maintain your Account, to provide Services and other technologies to you, to provide updates and support for the Norwegian iConcierge App. and to improve the Norwegian iConcierge App.
(c) You hereby agree that when you click on or look at certain items, We may store data and use it for our internal analytics to improve our Service. This information includes but is not limited to the session ID, user ID or username and session length.
10. Disclaimer of Warranties and Limitation of Liability.
(a) You expressly acknowledge and agree that installation and use of, and any other access to the Norwegian iConcierge App is at your sole risk.. The Norwegian iConcierge App is delivered to you “As Is” with all faults and without warranty of any kind, and Licensor, its Licensors and distributors, wireless carriers over whose network the Norwegian iConcierge App is distributed, and each of their respective affiliates and suppliers (collectively, the “Released Parties”) disclaim all warranties, express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose, accuracy, quiet enjoyment, and non-infringement. No oral or written information or advice given by a released party or an authorized representative or a released party will create a warranty. The laws of certain jurisdictions do not allow the disclaimer of implied warranties. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights..
(ii) The Released Parties will not be liable for damages caused by a simple negligent non-material contractual obligation; and
(iii) The aforesaid limitation of liability will not apply to any mandatory statutory liability or liability for damages caused by willful or grossly negligent misconduct, or any kind of willfully or negligently caused personal injuries.
11. Indemnification. You are liable for and will defend, indemnify, and hold harmless the Released Parties and their officers, directors, agents, and employees, from and against any liability, loss, damage, cost, or expense (including reasonable attorneys’ fees) arising out of your use of the Norwegian iConcierge App or the Services, violation of the Agreement, violation of applicable law, or violation of any right of any person or entity, including without limitation intellectual property rights.
14. Changes to the Service. We may modify, suspend, discontinue, or terminate your right to use part or all of the Norwegian iConcierge App or the Services at any time without notice to you, and in that event We may modify the Norwegian iConcierge App to make it inoperable. Licensor will not be liable to You should it exercise those rights.
18. Additional Terms.
(b) Additional Android Device Terms. This section 18(b) applies to You only if You use the Norwegian iConcierge Apps on a Mobile Device with an Android operating system. Your use of the Norwegian iConcierge Apps are subject to the Android Market Terms of Service found at http://www.google.com/mobile/android/market-tos.html.
(c) Additional Microsoft Device Terms. This section 18(c) applies to You only if You use the Norwegian iConcierge Apps on a Mobile Device with a Microsoft operating system. Your use of the Norwegian iConcierge Apps are subject to the terms of Microsoft’s Zune terms of service found at http://www.zune.net/en-US/legal/termsofservice.htm.
(b) We shall not be responsible for failures to fulfill any obligations due to causes beyond our control.
21. Intellectual Property. You hereby agree that Licensor’s trademarks, servicemarks, graphics, and logos of the Licensor are trademarks of the Licensor. You are granted no right or license with respect to any of the aforementioned trademarks, servicemarks, graphics or logos.
22. Severability. In the event any term of this Agreement is found by any Court to be void or otherwise invalid, the remainder of this Agreement shall remain valid and enforceable.