Content Use Agreement
1. CONSENT
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 Seabourn Cruise Line Limited . ("Seabourn") at "www.Seabourn.com" (the "Seabourn 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 SEABOURN ships and itinerary data and other cruise-related information from the most current domestic SEABOURN brochure.
1.3 Copy from disks or other media provided by SEABOURN, 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 SEABOURN, specifically excluding from all such sources provided by SEABOURN (a) any copyrighted-protected photographs taken by parties other than SEABOURN, as noted near or beneath such photos, and (b) any and all photographs and text which show or name SEABOURN employees or any other individuals.
1.4 SEABOURN further gives Media Company consent to use the following trademarks of SEABOURN and its affiliates, subsidiaries, successors, or assigns: SEABOURN (Stylized) & Design®, SEABOURN LEGEND®, SEABOURN PRIDE®, SEABOURN SPIRIT®, SEABOURN SOJOURN®, SEABOURN ODYSSEY®, SEABOURN QUEST®, SEABOURN®, SEABOURN PERSONAL SHOPPER®, THE YACHTS OF SEABOURN & Shield Design®, Shield Design®, SEABOURN & SHIELD-DESIGN®, CLUB HERALD®, SEABOURN CLUB HERALD®, DRESS CIRCLE®, SEABOURN.COM®, SEABOURN CLUB®, SEABOURN SIGNATURE DELIGHTS®, SEABOURN SHIELD®, MASSAGE MOMENTS®, PERSONAL VALET LUGGAGE SERVICE®, SEABOURN'S YACHTING COLLECTION®, THE YACHT'S OF SEABOURN + SHIELD + SHIP IMAGE®, THIS IS MY YACHT® logo are registered trademarks of Seabourn or one of its affiliates in the Media Company Site and in print and other non-print media. SEABOURN's trademarks and copyright-protected imagery, except for imagery specifically excluded hereunder, shall be referred to herein as the "Property."
1.5 SEABOURN further consents to Media Company creating a link to the SEABOURN Site for review-only access by the public in the Media Company Site for the purposes herein specified. In connection therewith, SEABOURN 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 SEABOURN 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 offered by SEABOURN.
2.2 No other uses or activities with respect to the Property are permitted without the express prior written consent of SEABOURN.
2.3 The consents given by SEABOURN in this Content Use Agreement may be revoked by SEABOURN 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) SEABOURN 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. SEABOURN's failure to exercise any of its rights hereunder or otherwise in connection with the Property, Media Company Site or the SEABOURN 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 SEABOURN and/or one of its affiliates. Media Company recognizes such ownership in SEABOURN 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 SEABOURN or its affiliates.
3.2 While SEABOURN seeks to ensure that the SEABOURN Site and property contained therein do not infringe upon the copyright or other rights of any party, SEABOURN does not warrant against claims or actions by third parties for invasion of privacy, defamation or libel. Media Company agrees to comply with SEABOURN'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 SEABOURN's sponsorship or approval of Media Company's business, programs or editorial content.
4. ACCEPTANCE OF TERMS
Any downloading, copying or use by Media Company of any of the Property shall constitute acceptance by Media Company of the terms and conditions of this Content Use Agreement as well as the Terms and Conditions For The Seabourn Web Site and the Privacy Policy. Selecting the accept button indicates that you have read and agree to the terms of this Content Use Agreement.
I accept the terms and conditions of this Content Use Agreement. Click here to request access to the image library. Once you have submitted your information, a member of our staff will contact you with instructions for accessing our digital archive.
Effective Date: As of April 19, 2011