Terms and Conditions
1) After purchasing a vacation from Philip Stern, D.B.A. Cruise Planners, and completing the vacation, you may elect to send between 1 and 20 pictures to be used to create a web page for you on our servers, or, per our sole discretion, on a third party’s servers of our choice. The creation of this web page is included in the price quoted to and paid by you. No additional fees will be charged for creating the web page. Should you elect to not receive a web page, no percentage of the vacation cost will be refunded.
2) The content of your web page can consist only of photographs taken on your recently completed vacation.
3) Images may be posted on the web page at smaller sizes than originally sent in order to fit properly on a web page and to conserve space.
4) You agree to allow Philip Stern, D.B.A. Cruise Planners to place links to websites related to our business on the web page created for you.
5) Pictures can be sent to us in a digital format or may be sent in the form of a professionally processed print. Prints sent may not exceed a size of 6" x 4". Only duplicate copies of prints should be sent. Prints received will not be returned to you. Philip Stern, D.B.A. Cruise Planners is not responsible for lost or damaged prints.
6) Philip Stern, D.B.A. Cruise Planners, does not claim ownership rights in any image contained displayed on your web page. For the sole purpose of enabling us to display your images through the website, you grant to Philip Stern, D.B.A. Cruise Planners, a non-exclusive, royalty-free license to use, copy, distribute, and display those images.
7) You acknowledge that you are solely responsible for all content and material you provide. You must have the legal right to copy and display each image. Professional images that are provided to you by professional photographers or made available through websites, magazines, books or other resources, are protected by copyright and should not be sent to Philip Stern, D.B.A. Cruise Planners.
8) Philip Stern, D.B.A. Cruise Planners may, at our sole discretion, refuse to post a photograph, or a series of photographs if deemed inappropriate. Should we refuse to post a photograph or a series of photographs under these circumstances, no portion of the paid vacation fees will be refunded.
9) The web page will be available for a period of two months after initial publication. After a two month period has passed, you may elect to continue publication of the website at your own expense. Philip Stern, D.B.A. Cruise Planners, will only move the web page to another site within the hosting company that we have selected. The web page is created using Microsoft FrontPage 2000 extensions and will not be operational if hosted on a web site that does not support these extensions.
10) You acknowledge that Philip Stern, D.B.A. Cruise Planners, reserves the right to terminate access to your web page or to delete the images stored on your account if your account becomes "inactive." An "inactive" account is one that has been active for longer than two months after the initial publication and that you has not chosen to continue publication of at his or her own expense. Philip Stern, D.B.A. Cruise Planners, may change this policy at any time upon reasonable notice to you.
11) You agree that Philip Stern, D.B.A. Cruise Planners, may at any time without notice move or suspend any part of the Service or refuse to post any image or terminate your account and delete any content stored in your account if, in our sole discretion, you fail to comply with any of these Terms or if a competent regulatory authority requires Philip Stern, D.B.A. Cruise Planners, to do so. Should we terminate, suspend, or move your account of refuse to post a photograph or a series of photographs under these circumstances, no portion of the paid vacation fees will be refunded.
12) You agree that Philip Stern, D.B.A. Cruise Planners, may, at any time, establish limits concerning the maximum disk space that will be allotted by our servers, or on the servers of third parties on which we elect to host your site, on your behalf for the storage of your images.
13) If you have chosen to password protect your website you will be responsible for all activities that occur under your password. As such, you should keep your password confidential. You must notify Philip Stern, D.B.A. Cruise Planners, immediately of any unauthorized use of your password or if you believe that your password is no longer confidential. We reserve the right to require you to alter your password if we believe that your password is no longer secure. You understand that the Internet and other forms of networked communications are not secure and Philip Stern, D.B.A. Cruise Planners, cannot guarantee such security.
14) Philip Stern, D.B.A. Cruise Planners, takes reasonable measures to ensure that the Service is available 24 hours a day 7 days a week. However, on occasion the site will be unavailable due to maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment that are beyond the control of Philip Stern, D.B.A. Cruise Planners. Where it is within its reasonable control, Philip Stern, D.B.A. Cruise Planners, will take reasonable steps to minimize such disruption of the Service. Should the website become unavailable for any reason pursuant to this paragraph, no portion of the paid vacation fees will be refunded.
15) You agree to indemnify and hold Philip Stern, D.B.A. Cruise Planners, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the terms and conditions, or your violation of any rights of another.
16) The terms and conditions and the relationship between you and Philip Stern, D.B.A. Cruise Planners, shall be governed by the laws of the State of New Jersey without regard to its conflict of law provisions. You and Philip Stern, D.B.A. Cruise Planners, agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Monmouth, New Jersey.