Content Use Agreement
MEDIA CONTENT USE AGREEMENT
Consent is hereby given to each media company or organization ("Media Company") to engage in the following:
1.1 Download for its limited, revocable, nonexclusive, worldwide use for editorial purposes only, as set forth herein, copyright-protected photographs and intellectual property from the download pages of the Web site registered to Holland America Line ("HAL") at "www.hollandamerica.com" (the "HAL Site").
1.2 To scan into and use on the World Wide Web on-line site registered to Media Company (the "Media Company Site") the full shot photographs of HAL ships and itinerary data and other cruise-related information from the most current HAL brochure.
1.3 Copy from disks or other mediums provided by HAL, for its limited, revocable, nonexclusive, worldwide use for editorial purposes only in the Media Company Site and in print and non-print media, as set forth herein, copyright-protected photographs and intellectual property of HAL, specifically excluding from all such sources provided by HAL (a) any copyrighted-protected photographs taken by parties other than HAL, as noted near or beneath such photos, and (b) any and all photographs and text which show or name HAL employees or any other individuals.
1.4 HAL further gives Media Company consent to use the following trademarks of HAL and its affiliates, subsidiaries, successors, or assigns: HOLLAND AMERICA®, HOLLAND AMERICA LINE®, WESTOURS®, HOLLAND AMERICA CRUISES®, HOLLAND AMERICA TOURS®, SIGNATURE OF EXCELLENCE®, A TRADITION OF EXCELLENCE®, AIRPLUS SERVICE®, WAYFARER®, SUNFARER®, SEAFARER®, MCKINLEY EXPLORER®, ALASKA-YUKON EXPLORER®, HALF MOON CAY®, CLUB HAL®, as well as the following designs,
in the Media Company Site and in print and other non-print media. HAL's trademarks and copyright-protected imagery, except for imagery specifically excluded hereunder, shall be referred to herein as the "Property."
1.5 HAL further consents to Media Company creating a link to the HAL Site for review-only access by the public in the Media Company Site for the purposes herein specified. In connection therewith, HAL gives Media Company its consent to modify the display of the Universal Resource Locator (URL) as it appears to the individual who publicly accesses the HAL Site through the Media Company Site and to add a window with the Media Company's product name and site navigation keys.
2. LIMITATIONS OF CONSENT
2.1 The uses permitted and consents given by and in this Content Use Agreement are expressly limited to those uses and activities that are directly related to preparing news or feature stories regarding the cruises and cruisetours offered by HAL.
2.2 No other uses or activities with respect to the Property are permitted without the express prior written consent of HAL.
2.3 The consents given by HAL in this Content Use Agreement may be revoked by HAL at any time, with or without cause and with or without prior notice. Upon revocation, Media Company agrees to promptly remove the Property from the Media Company Site and from any print or non-print media that has not been disseminated. Furthermore, upon revocation, Media Company agrees to cease any activity being conducted by it in reliance upon this Content Use Agreement.
2.4 The consents granted in this Content Use Agreement are conditioned upon (a) HAL approving the context in which the Property will be used, and (b) the insertion of the appropriate trademark notice symbol ™ or ® adjacent to the trademarks at all reasonable times. HAL's failure to exercise any of its rights hereunder or otherwise in connection with the Property, Media Company Site or the HAL Site shall not be construed to be a waiver of any such rights. The rights granted to Media Company under this Content Use Agreement are not assignable.
3. INTELLECTUAL PROPERTY
3.1 All right, title and interest in and to the Property and the goodwill associated therewith, including any that may attach in the future as a result of Media Company's use thereof, is and will continue to be owned by HAL and/or one of its affiliates. Media Company recognizes such ownership in HAL and its affiliates and agrees never to contest their title thereto or the validity of the trademark applications or registrations therefore filed or obtained by HAL or its affiliates.
3.2 While HAL seeks to ensure that the HAL Site and property contained therein do not infringe upon the copyright or other rights of any party, HAL does not warrant against claims or actions by third parties for invasion of privacy, defamation or libel. Media Company agrees to comply with HAL's instructions regarding use of the Property and agrees not to alter, modify or make derivative works of the Property.
3.3 This Content Use Agreement does not confer any right to use the Property independently of the uses expressly authorized above, and the Property shall not be used to give the impression of HAL's sponsorship or approval of Media Company's business, programs or editorial content.
4. ACCEPTANCE OF TERMS
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Effective Date: As of December 2, 2015