Thank you for visiting the Vostokz Yacht Collection website located at. The Site is an Internet property of Cruise Yacht OpCo Ltd., d/b/a Vostokz Yacht Collection (“VYC,” “we,” “our” or “us”).  The following Vostokz Yacht Collection Website Terms and Conditions (“Terms and Conditions”) are inclusive of the Vostokz Yacht Collection Privacy Policy (“Privacy Policy”) and any and all other applicable operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be published from time to time, which are expressly incorporated herein by reference (collectively, the “Agreement”).

Each end-user visitor to the Site (“User,” “you” or “your”) agrees to the terms of the Agreement, in their entirety, when she/he: (a) accesses or uses the Site; (b) accesses and/or views any of the: (i) links to various featured websites, products and/or services (“Links”), including Links to web venues owned and/or operated by Marriott International, Inc., and its subsidiaries, including The Vostokz Hotel VYC L.L.C. (collectively, the “Marriott Group”), as featured on the Site; and/or (ii) text, video and/or other information pertaining to yacht cruises and hospitality-related products and/or services made available on the Site (the “Informational Content,” and together with the Links, the “Content”); (c) accesses links to VYC’s social media pages/accounts featured on third-party social media websites, such as Facebook®, Instagram®, LinkedIn®, Twitter® and YouTube® (collectively, “Social Media Pages”); and/or (d) utilizes the various contact forms and/or contact information made available on the Site as a means to contact directly, or request to be contacted by, VYC and/or featured members of the Marriott Group (collectively, the “Contact Services,” and together with the Site, and Content, the “Site Offerings”).

PLEASE REVIEW THE TERMS OF THE AGREEMENT CAREFULLY.  IF A USER DOES NOT AGREE WITH THE TERMS OF THE AGREEMENT IN THEIR ENTIRETY, THAT USER IS NOT AUTHORIZED TO USE THE SITE OFFERINGS IN ANY MANNER OR FORM.

THE AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, RELEASES, A CLASS-ACTION WAIVER, AND THE REQUIREMENT TO ARBITRATE ANY AND ALL CLAIMS THAT MAY ARISE HEREUNDER.  THE AFOREMENTIONED PROVISIONS ARE AN ESSENTIAL BASIS OF THE AGREEMENT.

Instagram® and Facebook® are registered trademarks of Facebook, Inc. (“Facebook”).  LinkedIn® is a registered trademark of LinkedIn Corporation (“LinkedIn”).  Twitter® is a registered trademark of Twitter, Inc. (“Twitter”).  YouTube® is a registered trademark of Google, Inc. (“Google”).  Please be advised that VYC is not in any way affiliated with Facebook, Google, LinkedIn or Twitter, nor are the Site Offerings endorsed, administered or sponsored by any of the foregoing entities.

Scope; Modification of Agreement. The Agreement constitutes the entire and only agreement between Users and VYC with respect to Users’ use of the Site Offerings, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to same.  VYC may amend the Agreement from time to time in its sole discretion, without specific notice to Users; provided, however, that any amendment or modification to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes incurred prior to the applicable amendment or modification.  The latest Agreement will be posted on the Site, and Users should review the Agreement prior to using any Site Offerings.  By a User’s continued use of the Site Offerings, that User hereby agrees to comply with all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, which shall be governed by the Dispute Resolution Provisions then in effect at the time of the subject dispute).    

Requirements; Termination of Access to the Site Offerings.  The Site Offerings are available only to individuals who can enter into legally binding contracts under applicable law and are either acting in their individual capacity or are acting in their capacity as duly authorized representatives of a valid business entity (“Entity”) (collectively, “Usage Requirements”).  The Site Offerings are not intended for individuals who do not satisfy the Usage Requirements, including individuals under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age), individuals who cannot enter into legally binding contracts under applicable law and/or individuals attempting to register on behalf of an Entity who are not duly authorized representatives of that Entity.  If a User does not satisfy the Usage Requirements in their entirety, that User does not have permission to access or use the Site Offerings. 

You shall be responsible, at all times, for ensuring that you have an Internet connection, computer/mobile device, up-to-date Internet browser versions, a functioning e-mail account, applicable software, applicable hardware and/or other equipment necessary to access the Site Offerings.  VYC does not guarantee the quality, speed or availability of the Internet connection associated with your mobile device and/or computer.  VYC does not guarantee that the Site Offerings can be accessed: (a) on all mobile devices; (b) through all wireless service plans; (c) in connection with all Internet browsers; or (d) in all geographical areas.  Standard messaging, data and wireless access fees may apply to your use of the Site Offerings through your wireless device.  You are fully responsible for all such charges and VYC has no liability or responsibility to you, whatsoever, for any such charges billed by your wireless carrier.

Contact Services.  Where a User attempts to utilize the Contact Services, that User may be required to submit, and VYC may collect, some or all of the following information: (a) the User’s e-mail address; (b) the User’s full name; (c) the User’s telephone number; (d) the User’s zip code and country/geographical region of residence; (e) whether the User is a member of any Marriot Group rewards programs; and (f) any other information collected via the Contact Services form (collectively, “Contact Data”).  Upon entering Contact Data and clicking on the applicable submission button on the Site: (i) VYC may pass your Contact Data along to one (1) or more members of the Marriott Group; and/or (ii) you may be contacted by VYC and/or one (1) or more members of the Marriott Group regarding your request.  Where VYC contacts you in connection with your submission of Contact Data, a VYC representative may request additional information over the telephone (collectively, “Follow-Up Data,” and together with the Contact Data, the “User Data”).

Each User agrees to provide true, accurate, current and complete User Data.  VYC’s use of User Data shall be governed by the Privacy Policy.  For a copy of the Privacy Policy, please Click Here.

Social Media Pages. The Site contains links to the various VYC Social Media Pages.  The Social Media Pages are hosted and made available on third-party websites (“Social Media Websites”) by third-party entities.  Your use of Social Media Pages and Social Media Websites shall be governed by those Social Media Websites’ applicable agreements, terms and conditions.  You understand and agree that VYC shall not be liable to you, any other end-user or any third-party for any claim in connection with your use of, or inability to use, the Social Media Pages and/or Social Media Websites.

 

Representations and Warranties.  Each User hereby represents and warrants to VYC as follows: (a) the Agreement constitutes the legal, valid and binding obligation of User and, where applicable, the Entity that she/he represents which is fully enforceable against such User and, where applicable, the Entity that she/he represents in accordance with its terms; (b) User understands and agrees that User and, where applicable, the Entity that she/he represents, has independently evaluated the desirability of utilizing the Site Offerings and that neither User nor, where applicable, the Entity that she/he represents, has relied on any representation and/or warranty other than those set forth in the Agreement; (c) the execution, delivery and performance of the Agreement by User and, where applicable, the Entity that she/he represents, will not conflict with or violate: (i) any order, judgment or decree applicable to User or, where applicable, the Entity that she/he represents; (ii) where applicable, any provision of User’s Entity’s corporate by-laws, certificate of incorporation or other organizational documents, if applicable; or (iii) any agreement or other instrument applicable to User or, where applicable, the Entity that she/he represents; and (d) User’s performance under this Agreement and use of the Site Offerings and, where applicable, the performance of the Entity that she/he represents and that Entity’s use of the Site Offerings, will not infringe upon any third party’s intellectual property rights and/or violate any applicable laws, rules or regulations.

 

Indemnification.  Each User and, where applicable, the Entity that she/he represents, agrees to indemnify, defend and hold VYC, its members, officers, directors, employees, agents and attorneys, harmless from and against any and all liabilities, claims, actions, suits, proceedings, judgments, fines, damages, costs, losses and/or expenses (including reasonable attorneys’ fees, court costs and/or settlement costs) arising from and/or related to: (a) any dispute between that User/Entity, as applicable, and any other User/Entity, Marriot Group member or third party; (b) that User’s/Entity’s, as applicable, breach of the Agreement and/or any representation or warranty contained herein; and/or (c) that User’s/Entity’s, as applicable, unauthorized and/or improper use of the Site Offerings.  The provisions of this Section 6 are for the benefit of VYC, its parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys.  Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

 

License Grant. Each User is granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site Offerings.  VYC may terminate this license at any time for any reason.  Unless otherwise expressly authorized by VYC, Users may only use the Site Offerings for their own personal, non-commercial use.  No part of the Site Offerings may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical.  No User or other third party may use any automated means or form of scraping or data extraction to access, query or otherwise collect material from the Site Offerings except as expressly permitted by VYC.  No User or other third party may use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site Offerings, or any portion thereof.  No User or other third party may create any “derivative works” by altering any aspect of the Site Offerings.  No User or other third party may use the Site Offerings in conjunction with any other third-party content.  No User or other third party may exploit any aspect of the Site Offerings for any commercial purposes not expressly permitted by VYC.  Each User further agrees to indemnify and hold VYC harmless for that User’s failure to comply with this Section 7.  VYC reserves any rights not explicitly granted in the Agreement. 

 

Proprietary Rights.  The Site Offerings, as well as the organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to same, are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights.  The copying, redistribution or publication by any User or other third party of any part of the Site Offerings is strictly prohibited.  No User or other third party acquires ownership rights in or to any content, document, software, services or other materials viewed by or through the Site Offerings.  The posting of information or material by and through the Site Offerings does not constitute a waiver of any right in or to such information and/or materials.  All trademarks appearing by and/or through the Site Offerings, including those associated with the Marriott Group, are the property of their respective owners. The use of any trademark without the applicable trademark owner’s express written consent is strictly prohibited.

 

Legal Warning. Any attempt by any individual to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Site Offerings is a violation of criminal and civil law and VYC will diligently pursue any and all remedies against any offending individual or entity to the fullest extent permissible by law and in equity.

 

Disclaimer of Warranties. THE SITE OFFERINGS AND ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME ARE PROVIDED TO USERS ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE).  IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, VYC MAKES NO WARRANTY THAT THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME: (A) WILL, AS APPLICABLE, MEET ANY USER’S/ENTITY’S REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF HARMFUL COMPONENTS; AND/OR (D) WILL BE ACCURATE OR RELIABLE.  THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.  VYC WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE OFFERINGS.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM VYC OR OTHERWISE THROUGH OR FROM THE SITE OFFERINGS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.