User Generated Content - Terms and Conditions

  1. From time to time, Carnival PLC trading as Cunard Line (“Cunard”) may ask a user (“User”) for permission to use a User’s content that the User has created and made available on the User’s social media account (“Content”). In the event the User indicates to Cunard that it may use the Content by virtue of the User replying @cunardline #YesCunard to Cunard's post or otherwise indicating their approval, these terms and conditions (“Terms”) will apply.
  2. For good and valuable consideration (the receipt and sufficiency of which is hereby acknowledged), the User hereby grants Cunard and its parent, affiliates, representatives, independent contractors, licensees, successors, agencies, and third-party service providers (collectively, with Cunard, the “Cunard Parties”) permission to use, reproduce, broadcast, publish, transmit, perform, display, create derivative works from, translate, adapt, edit, modify, disseminate, exhibit, distribute, and otherwise exploit the Content, in whole or in part, on a worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable, sublicensable basis, in all media and types of advertising and promotion now or or hereafter known, including but not limited to on the Cunard Parties’ webpages and social media pages, in promotional e-mails and advertisements, and in any and all other marketing, paid media, promotional and advertising initiatives.
  3. The User also grants the Cunard Parties the right to use the User’s personal data, and that of others as may be represented and shown in the Content, which could include the User’s real name, social handle, image, caption likeness, location, or other identifying information. Cunard will only process this personal data for the purpose of this contract with you and in accordance with our privacy notice. 
  4. The User represents and warrants that:
    1. The User is the sole owner of the Content, and the Content is the User’s original work and has not been copied (in whole or in part) from any other source;
    2. The Cunard Parties’ use of the Content as described in these Terms will not infringe upon the intellectual property, privacy, publicity, statutory, contractual, personal or other rights of any third party, or any law, rule or regulation;
    3. The User owns all right in and to the Content and/or has obtained appropriate rights and permissions from any and all other persons and/or entities who own, manage or otherwise claim any rights with respect to such Content to grant the rights to the Cunard Parties;
    4. The User is 18 years of age or over or is legally considered an adult in the state or country where they reside, as is everyone else appearing (or whose name, image or likeness appears) in the Content. If anyone in the Content is below this age, the User undertakes and confirms that they have obtained the express consent of the parent or legal guardian of the child;
    5. The User has full power and authority to agree to these Terms;
    6. The User’s upload or post of the User Content does not violate any applicable laws or the terms or requirements of the social media platform(s) where the User uploaded or posted the Content; and
    7. The Cunard Parties’ use of the Content as described in these Terms does not and shall not require any payment to any person or entity and does not require license, authorization, approval or consent by any other person or entity.
  5. The User will retain all ownership of the Content (subject to the license granted in these Terms).
  6. The User hereby agrees, that at their sole cost and expense, the User will: (a) defend, indemnify, release, and agrees to hold the Cunard Parties, and each of their respective officers, directors, employees, agents, representatives, successors and assigns, harmless from and against any and all claims, demands, suits, actions, proceedings or litigation of any kind, and (b) shall promptly pay to Cunard all damages, obligations, judgments, losses, liabilities, costs, expenses and fees, including without limitation, reasonable attorney’s fees and expenses (including any incurred in enforcement of this provision), suffered or incurred by any of the Cunard Parties by reason of any such claims, demands, suits, actions, proceedings, or litigation: all of the foregoing which it may have at any time relating to or arising out of the Content, including without limitation, any of the User’s warranties, representations or agreements hereunder, or the User’s violation of any laws or any rights of another person or entity for  invasion of privacy, right of publicity, defamation or any other cause of action arising out of the use of the Content or any advertisement, marketing device or other publication materials in which the Content may appear.
  7. The User agrees that no use of the Content needs to be submitted to the User for any approval, review, or inspection. The User waives any claim against the Cunard Parties arising out of or relating to the use of the Content, including assertion of moral rights or attribution with respect to the Content. Cunard reserves the right to remove any Content from any or all of the materials in its sole discretion.
  8. Nothing herein will constitute any obligation on Cunard to make any use of any of the rights set forth herein. 
  9. EACH PARTY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT, CLAIM OR PROCEEDING BROUGHT TO ENFORCE, DEFEND OR INTERPRET ANY RIGHTS OR REMEDIES ARISING HEREUNDER, RELATING TO OR IN CONNECTION WITH THESE TERMS. 
  10. Cunard reserve the right to change these Terms without advance notice by posting a revised Terms. Accordingly, the User should review the Terms each time it grants Cunard permission or authorization to use the Content.
  11. If any provision of these Terms shall for any reason be held to be invalid, illegal or unenforceable in any jurisdiction, such provision shall be revised solely to the extent necessary to render such provision valid, legal and enforceable, and without invalidating or affecting the remaining provisions hereof. Nothing contained herein shall deem or construe the User and Cunard to be partners, joint venturers, principal-agent or employer-employee, and no party shall have any authority to obligate or bind the other whatsoever. These Terms represent the entire agreement between the User and Cunard with respect to the subject matter hereof, and supersede all prior and contemporaneous agreements, understandings, inducements or conditions, express or implied, oral or written.
  12. These Terms and any disputes or claims which arise out of or in connection with them, whether in contract, tort, or otherwise, will be governed by the laws in effect in the State of California, U.S.A., without giving effect to its conflicts of law principles. Each party irrevocably consents and agrees to the exclusive jurisdiction of the California state or federal courts, as applicable.