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Holland America Line Content
Use Agreement
Please read the Content Use Agreement below and hit
the "Accept" button to proceed.
Consent is hereby given to each travel agent engaged
in marketing Holland America Line cruises and cruisetours
("Travel Agent"), to any other travel
services provider ("Other Travel Services Provider"),
and to each media company or organization ("Media
Company") to:
(1) download for its limited, nonexclusive, United States
and Canadian use, as set forth herein, copyright-protected
photographs and intellectual property from the download pages
of the web site registered to Holland America Line Inc.
("HAL") at "www.hollandamerica.com"
(the "HAL Site"); and
(2) to scan into and use on the World Wide Web on-line
site registered to Travel Agent (the "Travel
Agent Site"), the Other Travel Services Provider
(the "Other Travel Services Provider Site")
or 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 domestic HAL brochure; and
(3) copy from disks or other mediums provided by HAL,
for its limited, nonexclusive, worldwide use, 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. Travel Agents, Other Travel Services Providers
and Media Companies are collective referred to in this
Content Use Agreement as "Users" and
the Travel Agent Sites, Other Travel Services Provider
Sites and Media Company Sites are collectively referred
to as the "Users Sites."
HAL further gives Users consent to use the following
trademarks of HAL and its affiliates: HOLLAND AMERICA,
HOLLAND AMERICA LINE, WESTOURS, HOLLAND AMERICA CRUISES,
HOLLAND AMERICA TOURS, A SIGNATURE OF EXCELLENCE, AIRPLUS
SERVICE, WAYFARER, SUNFARER, SEAFARER, WESTFARER, EASTFARER,
MCKINLEY EXPLORER, ALASKA-YUKON EXPLORER, HALF MOON
CAY, CLUB HAL, OCEANS APART, as well as the modern
and antique ship design, in the Users Sites. HAL's trademarks
and copyright-protected imagery, except for imagery
specifically excluded hereunder, shall be referred to
herein as the "Property."
HAL further consents to the Users creating a link to
the HAL Site for review-only access by the public in
the Users Sites for the purposes herein specified. In
connection therewith, HAL gives Users 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 a Users Site and to add a window
with the User's product name and site navigation keys.
As to Travel Agents, 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 the promotion by Travel Agent of cruises
and cruisetours offered by HAL. As to Other Travel Services
Providers, 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 providing information regarding the cruises and cruisetours
offered by HAL. As to Media Companies, 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.
No other uses or activities with respect to the Property
are permitted without the express prior written consent
of HAL.
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, User
agrees to promptly remove the Property from its User
Site. Furthermore, upon revocation, User agrees to cease
any activity being conducted by it in reliance upon
this Content Use Agreement.
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 User's
use thereof, is and will continue to be owned by HAL
and/or one of its affiliates. User 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.
HAL represents that the HAL Site and property contained
therein do not infringe upon the copyright or other
rights of any party. Notwithstanding the foregoing,
HAL does not warrant against claims or actions by third
parties for invasion of privacy, defamation or libel.
User 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, nor to use
it in such a way or context that would tarnish, derogate
or detract from HAL's reputation for high standards
and quality or otherwise reflect unfavorably upon HAL
or portray HAL in a negative light, as determined by
HAL, in its sole discretion.
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 User's business or programs, nor on certificates
or vouchers prepared by User.
The consents granted in this Content Use Agreement
are conditioned upon (a) HAL approving the context in
which the Property will be used in the User Site before
finalization, 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 User Site or the HAL Site shall
not be construed to be a waiver of any such rights.
The rights granted to User under this Content Use Agreement
are not assignable.
Any downloading, copying or use by User of any of
the Property shall constitute acceptance by User of
the terms and conditions of this Content Use Agreement.
3/19/2008
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