TERMS AND CONDITIONS FOR USING THE

WINDSTAR CRUISES WEB SITE

These are the terms and conditions under which we offer you access to our Web site (site).  Please read them carefully. Additional terms and conditions may apply to reservations, purchases of goods and services, downloads from and other uses of portions of this site. Your use of our site will be considered to be your acceptance of these terms and conditions and any of the additional terms and conditions.

1. OWNERSHIP

This site is owned and operated by Holland America Line Inc. d/b/a Windstar Cruises (Windstar).  All contents of this site are ©2001-2004 Holland America Line Inc., 300 Elliott Ave. West, Seattle, Washington 98119 (U.S.A.).  All rights reserved. You may download one copy of materials from this site onto any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Otherwise, no material from this site (including, without limitation, text, graphics, button icons, audio and video clips, digital downloads, data compilations or software) may be copied, reproduced, republished, uploaded, posted, modified, transmitted or distributed in any way, nor may any derivative works be made from materials on this site, without written authorization from Windstar.  This prohibition extends to the use of any such material on any other Web site or computer network environment. It also means that you may not use any "robot," "spider" or other automatic device, or a program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the material found on this site, without the prior written authorization of Windstar. Windstar does not accept responsibility for the function or malfunction of any software downloaded from this site.

2. TRADEMARKS

Windstar or one of its affiliates owns all right, title and interest in and to all Windstar trademarks, service marks, logos and trade names included in this site including, for example, WINDSTAR®, 180 DEGREES FROM ORDINARY®, 180º FROM ORDINARY®, ROMANCE UNDER SAIL®, WINDWORDS®, FOREMAST®, the WINDSTAR logo and the FOREMAST double sail logo.  Unless authorized in writing by Windstar, you may not use any of these for any purpose.

3. PRIVACY POLICY

The site’s Privacy Policy is incorporated in these terms and conditions by this reference. [CLICK HERE] You consent to the use of your personal information by Windstar and/or its third party providers and distributors in accordance with the terms of and for the purposes set forth in the Privacy Policy.

4. RESERVATIONS

If you are reserving travel on this site, you may only use the site to make legitimate reservations.  Speculative, false or fraudulent reservations of any kind are prohibited.  All reservations are made subject to the terms of the Windstar Cruise Contract and the Terms for Online Booking. [CLICK HERE] 

5. DOWNLOADS AND USE OF MATERIAL ON OTHER WEB SITES

Travel agencies and media companies desiring to download copyright-protected photographs and intellectual property from the download pages of this site and/or scan into and use on their own site materials from this site must accept the terms of the Windstar Content Use Agreement [CLICK HERE].

6. OTHER WEB SITES           

There may be places on our site from which you may link to other Web sites that are operated by persons or companies other than Windstar.  You should familiarize yourself with any terms, conditions and privacy policies of these other Web sites before using them.  Windstar does not endorse any other Web sites nor do we assume any responsibility for their content or any liability as a consequence of your use of any other Web sites.  Consequently, if you elect to access these other Web sites, you do so at your own risk.

7. YOUR RESPONSIBILITY

If you use this site, you are responsible for maintaining the confidentiality of your account information and your password.  You agree to accept responsibility for all activities that occur under your account or password. You understand that you are financially responsible for all uses of this site by you and those using your login information.

8. LIMITATIONS ON USE

You may not post or transmit on or through this site any material that:

• is unlawful, threatening, abusive, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane;

• could constitute or encourage criminal conduct, give rise to civil liability or otherwise violate any law;

• infringes the copyright or other intellectual property rights of any third party;

• advertises or offers to sell any goods or services;

• may interfere with the proper working of this site;

• would impose an abnormal burden or load on the site’s infrastructure; or

• contains a bug, virus or other harmful item.

9. COOKIES

Windstar may use “cookies” to make our service more effective.  A “cookie” is a small text file placed on your hard drive by our server.  It allows our server to recognize whether you have visited our site before thereby saving you the need to provide information that we have already received from you.  If you would prefer not receiving cookies, most Web browsers offer menu options allowing you to disable them.

10. SECURITY

The importance of security for all personally identifiable information that you provide us is of great concern to us. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, Windstar cannot ensure or warrant the security of any information you transmit to us; in other words, you do so at your own risk. Once we receive your transmission, we use our reasonable best efforts to ensure its security on our systems. All information you provide to our site is transmitted using SSL (Secure Socket Layer) encryption. SSL is a coding system that lets your browser automatically encrypt, or scramble, data before you send it to us.

11. MONITORING

Windstar reserves the right to monitor and review any information transmitted or received through this site and sensor, edit, remove or prohibit the transmission or receipt of any information that Windstar, in its sole discretion, deems inappropriate or a violation of these terms and conditions.

12. RIGHTS AS TO MATERIALS YOU PROVIDE

By uploading or submitting any suggestions, ideas, comments, questions or other materials to us, you automatically grant (or warrant that the owner of such rights has expressly granted) us a worldwide, perpetual, royalty-free, irrevocable, non-exclusive and assignable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called "moral rights" in those materials have been waived.

13. AGE CONSIDERATIONS

Windstar does not knowingly use this site to market products to, or solicit information from, people under the age of 18.  Use of this site by people under age 18 should only occur with the consent of a parent or guardian.

14. MODIFICATION OF TERMS

Windstar reserves the right to change, modify, add, or remove portions of these terms at any time at our discretion. You may check these terms periodically for changes. Your continued use of the site subsequent to the revisions of these terms means you accept those changes.

15. DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY

• THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.

• THE MATERIALS ON THIS SITE MAY INCLUDE INACCURACIES, TYPOGRAPHICAL OR CLERICAL ERRORS.

• TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WINDSTAR AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. 

• WINDSTAR DOES NOT WARRANT THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

• WINDSTAR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.  YOU (AND NOT WINDSTAR) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION.

• UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR WILLFUL MISCONDUCT, SHALL WINDSTAR BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING, FOR EXAMPLE, FOR LOST PROFITS OR LOST OPPORTUNITY), THAT RESULT FROM YOUR USE OF, OR YOUR INABILITY TO USE, THE MATERIALS IN THIS SITE, EVEN IF WINDSTAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER OR NOT BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE.

• SINCE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES AND/OR THE EXCLUSION OF IMPLIED WARRANTIES, SOME OF THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

16. INJUNCTIVE RELIEF

Any violation of these terms and conditions may cause irreparable damage to Windstar for which there may be no adequate remedy at law. Accordingly, you agree that Windstar will be entitled as a matter of right to an injunction issued by any court of competent jurisdiction restraining such violation or attempted violation of these terms and conditions by you. You agree that no bond or other security shall be required in connection with such injunction.

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17. MISCELLANEOUS TERMS

• This site is controlled and operated by Windstar from its offices within the State of Washington, United States of America. Windstar 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 Washington, 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 Seattle, King County, Washington and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

• Your being permitted to use this site will not be construed as creating any joint venture, partnership, employment or agency relationship between you and Windstar.

• If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

• This is the entire agreement between you and us relating to the subject matter herein and cannot be modified except in writing, signed by both you and us.

• In the event of litigation involving the use of this site, the prevailing party will be entitled to recover its reasonable attorneys’ fees and costs.

WINDSTAR WEBSITE TERMS AND CONDITIONS 2004

5/18/04