Blue1st Terms and Conditions
Please read these terms and conditions of use carefully before using or obtaining any materials, information, products or services through this site. By accessing, using or obtaining any content, data, materials, information, products or services through the Blue1st website ("Our Website"), you agree to be bound by these terms and conditions ("Terms"). If you do not accept all of these terms, then please do not use Our Website.
We recommend you print out a copy of these terms and conditions for your future reference.
1. Our Website
We own Our Website and all of the text, images, software, trademarks, service marks or other material contained on Our Website (the "Blue1st Contet"). You will not copy or transmit any of the Blue1st Content, except for your personal, non-commercial use on your computer. All copyright, trademark and other proprietary rights notices included in the Blue1st Content as presented at Our Website must appear on all copies you print. “Blue1st”, “Blue1st.com” are trademarks or registered trademarks of Blue1st SRL.
Your use of and access to Our Website do not grant you any license or right to use any of the marks included on Our Website.
2. How to use Our Website
Our Website is intended for personal use. You may only register to become a member of Our Website and become a member, if you are of sufficient legal age and can enter into binding contracts.
If you join us and become a member, you are responsible for maintaining the secrecy of your passwords, login and account information (your ”Personal Info”). You will be responsible for all use of Our Website and any service by you, anyone using your password and login information (with or without your permission) and anyone whom you allow to access your account page. All Personal Info that you provide to us must be accurate and up-to-date. If any of your Personal Info changes, you must immediately update it. If you have reason to believe that your account is no longer secure (e.g., loss, theft or unauthorized disclosure or use of your Personal Info or computer or mobile device used to access your account), you must promptly change your Personal Info that is affected and notify us via the Contact Us page.
If you decide to receive messages or other communications from Our Website directly to your mobile device, you are solely responsible for keeping us updated with your current phone number. We will not be liable for information sent to a device that is associated with your outdated mobile phone number. If you install any software or enable any service that stores information from Our Website on any mobile device or computer, it is your responsibility, prior to transfer of such device, to remove your information or otherwise disable access to such software or service, in order to prevent unauthorized access to your information or account.
You may only use Our Website to search for legitimate sailing holiday deals and you may not use Our Website to make any false, fraudulent or speculative reservation or any reservation in anticipation of demand. You agree not to use Our Website or the other service for any purpose that is unlawful, illegal or forbidden by these Terms. Were running Our Website in Italy; so remember that by using Our Website, we need you to agree to comply with laws that apply to Italy and your own country, including laws that apply to exporting technical data.
In addition, you agree not to do any of the following without prior express written permission of Blue1st:
(i) access the Our Website with any manual or automated process for any purpose other than your personal use or for inclusion of Blue1st pages in a search index;
(ii) violate the restrictions in any robot exclusion headers on Our Website or bypass or circumvent other measures employed to prevent or limit access to Our Website;
(iii) deep-link to any portion of Our Website (including, without limitation, the purchase path for any travel services) for any purpose;
(iv) use any device, software or routine that interferes or attempts to interfere with the normal operation of Our Website or take any action that imposes an unreasonable load on our computer or network equipment; or
(v) reproduce, duplicate, copy, sell, trade, resell or exploit The Blue1st Content.
We may, at our sole discretion, at any time and without advance notice or liability, suspend, terminate or restrict your access to all or any component of Our Website.
3. What happens to the information and feedback you share with us
If you use our service (even if you dont otherwise use the rest of Our Website), you are solely responsible for the travel information, photos, reviews and other content that you upload, transmit or share with us or others on or through Our Website, not transmit or share The Blue1st Content you do not have permission to share. It is your job to create backup copies and replace any content you provide to us at your expense.
If you provide us with feedback, suggestions, testimonials, comments, ideas, ratings, reviews, bug reports or any similar or related information (“Feedback”), you agree that: (a) we own the Feedback and any intellectual property rights associated with the Feedback; (b) we can use and share the Feedback without your consent; (c) we do not have to pay you for the Feedback; and (d) we may already be contemplating the same or similar ideas as your Feedback. If you do not agree with these terms regarding Feedback, or want to maintain ownership of any intellectual property contained in any specific Feedback, your sole option and recourse is to not submit Feedback to us.
4. Our Website changes regularly
We aim to update Our Website regularly, and may change the content at any time. If the need arises, we may suspend access to Our Website, or close it indefinitely. Any of the material on Our Website may be out of date at any given time, and we are under no obligation to update such material.
5. Intellectual property of others
We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on Our Website any materials that violate another persons intellectual property rights. If you believe that any of material on Our Website infringes upon any copyright intellectual property rights you own or control, you may send a written notification of such infringement to us at:
Blue1st Srl Attn: Legal
Department - VIA FRANCESCO CARACCIOLO 15, 20122 Naples, Italy.
6. Warranty disclaimer
Our Website, all content and services provided on Our Website are provided on an "as is" and "as available" basis. Blue1st expressly disclaims all warranties, conditions and guarantees of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and security and accuracy, as well as all warranties arising by usage of trade, course of dealing, or course of performance. Blue1st makes no warranty, and expressly disclaims any obligation, that: (a) Our Website will meet your requirements or will be available on an uninterrupted, timely, secure, or error-free basis; (b) the content will be up-to-date, complete, comprehensive, accurate or applicable to your circumstances; (c) the results that may be obtained from the use of Our Website or any services offered through Our Website will be accurate or reliable; or (d) the quality of any products, services, information, or other material obtained by you through Our Website will meet your expectations.
7. limitation of liability
We (together with our officers, directors, employees, representatives, affiliates, providers and third parties connected with us) hereby expressly exclude: (a) any loss or damages to, or viruses that may infect, your computer equipment, computer programs, data or other proprietary material as the result of your access to Our Website, your downloading of any content from Our Website; or (b) any injury, death, loss, claim, act of god, accident, delay, or any direct, special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including without limitation lost profits or lost savings), whether based in contract, tort (including negligence), strict liability or otherwise, that arise out of or is in any way connected with: (i) any use of Our Website, our content; (ii) any failure or delay (including without limitation the use of or inability to use any component of Our Website for reservations or ticketing); or (iii) the performance or non performance by us or any provider, even if we have been advised of the possibility of damages to such parties or any other party.
8. Protecting Us
Subject to these Terms you will defend, indemnify and hold us, and each of our officers, directors, employees and agents, harmless from and against any claim, cause of action, liability, expense, loss or demand, including without limitation reasonable legal and accounting fees, arising out of, or in any way connected with your breach of these Terms or the agreements made part of these Terms by reference, your use of or access to Our Website, or Blue1st Content.
9. Third parties
Our display on or through Our Website of travel product options offered by third parties does not in any way imply, suggest, or constitute any sponsorship or approval of Blue1st by any such third parties or any affiliation between any such third parties and Blue1st. Blue1sts display of specific options does not suggest a recommendation by Blue1st of the third parties or their travel options. You agree that Blue1st is in no way responsible for the accuracy, timeliness or completeness of information it may obtain from these third parties. Your interaction with any Third parties accessed through Our Website is at your own risk, and Blue1st will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any such Third parties or for any personal injuries, death, property damage, or other damages or expenses resulting from your interactions with the Third parties.
Furthermore, Our Website and itineraries you obtain from us may contain links to other websites that we do not operate or control and for which we are not responsible ("Other Websites"). We provide these links for your reference and convenience and do not endorse the contents of Other Websites, and accept no responsibility for them or for any loss or damage that may arise from your use of them. You should refer to the separate terms of use, privacy policies, and other rules posted on Other Websites before you use them. You agree not to create a link from any website, including any website controlled by you, to Our Website.
10. Everything else
Nothing contained in these Terms will be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose.
You may not assign, delegate or transfer your rights or obligations under these Terms. We may assign our rights and duties under these Terms without such assignment being considered a change to the Terms and without notice to you.
These Terms do not create or confer any rights or benefits enforceable by any person that is not a party (within the meaning of the U.K. Contracts (Rights of Third Parties) Act 1999).
We may modify these Terms, at any time, by posting notice on Our Website at least ten (10) days before any modification becomes effective. Your continued use of Our Website following the posting of notice of any modification will be subject the Terms in effect at the time of your use. If you object to any provision of these Terms or any subsequent modifications to these Terms or become dissatisfied with Our Website, in any way, your only recourse is to immediately terminate use of Our Website.
Other terms and conditions may apply to your reservations, bookings and purchases of travel services through Our Website, the Third parties websites, and to your use of other portions of Our Website. You will observe these other terms and conditions.
If we fail to act with respect to your breach or anyone elses breach on any occasion, we are not waiving our right to act with respect to future or similar breaches.
If a court finds any of these Terms to be unenforceable or invalid, that Term will be enforced to the fullest extent permitted by applicable law and the other Terms will remain valid and enforceable.
These Terms, together with those agreements made a part of these Terms by reference, make up the entire agreement between us relating to your use of Our Website, and replace any prior understandings or agreements (whether oral or written) regarding your use of Our Website.
These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) as well as your and our observance of them, shall be governed and construed by the Italian Law, without regard to its conflict of laws rules, as well as your and our observance of them. If you take any legal action relating to your use of Our Website or these Terms, you agree to file such action only in the state and federal courts located in Naples, Italy, although we retain the right to bring proceedings against you for breach of these Terms in your country of residence or any other relevant country. In any such action or any action we may initiate, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to costs, both taxable and non-taxable, and reasonable attorney fees.
You acknowledge that you have read and understood these Terms, and that these Terms have the same force and effect as a signed agreement, and agree to be bound by them.
We encourage you to share your comments and questions with us, but we may not be able to respond to all of them. Please note that we assume no responsibility for reviewing unsolicited ideas for our business (like product or advertising ideas) and will not incur any liability as a result of any similarities between those ideas and materials that may appear in future Blue1st programs. Also, please remember that you are responsible for whatever material you submit, including its reliability, originality, and copyright. Please do not reveal trade secrets or other confidential information in your messages. Any and all rights to materials submitted to us become the exclusive property of Blue1st.
Blue1st.com is a website owned and operated by:
Blue1st Srl - VIA FRANCESCO CARACCIOLO 15, 20122 Naples, Italy
Last updated: 20 February 2011