LEONARDO SITE TERMS AND CONDITIONS OF USE
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING ANY LEONARDO WEBSITE, MOBILE APPLICATION OR MEDIA SERVERS (OR ANY CONTENT, PRODUCT, SERVICE, OR FEATURE AVAILABLE THROUGH THE WEBSITE, MOBILE APPLICATION OR MEDIA SERVERS, INCLUDING ANY MEDIA VIEWER) (COLLECTIVELY, THE “SITE”), YOU AGREE TO ABIDE BY AND BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND BY ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE, AS WELL AS ANY ADDITIONAL TERMS AND RESTRICTIONS PRESENTED IN RELATION TO SPECIFIC CONTENT OR A SPECIFIC PRODUCT, SERVICE OR FEATURE (COLLECTIVELY, THE “SITE TERMS”). IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, DO NOT USE THE SITE.
These Site Terms are not intended to alter the terms or conditions of any content license, management and/or distribution agreement you may have with Leonardo and to the extent of any conflict, the terms of your content license, management and/or distribution agreement will prevail. By using the Site, you represent and warrant that you are lawfully able to accept these Site Terms. If you are using the Site on behalf of any entity, you further represent and warrant that you are authorized to accept these Site Terms on such entity’s behalf, and that such entity agrees to indemnify Leonardo for violations of these Site Terms.
Ownership of the Site and its Contents
The Site is owned by Leonardo. Unless otherwise indicated, all of the content featured or displayed on the Site, including, but not limited to, text, graphics, data, photographic images, moving images, sound, illustrations, software and the selection and arrangement thereof (“Leonardo Content”), is owned by Leonardo, its licensors or its third-party content provider partners. All elements of the Site, including the Leonardo Content, are protected by copyright, trade dress, moral rights, trademark and other laws relating to the protection of intellectual property.
Leonardo Content Authorized Licensees
Leonardo Content includes all hotel and other travel-related text, data, images, 360 degree “virtual tour” images, videos, and other media that Leonardo distributes to its distribution clients that have a valid distribution license agreement with Leonardo (“Authorized Licensees”) and, as such, are authorized to use Leonardo Content in accordance with such license agreement.
Unless specifically otherwise provided in an Authorized Licensee’s written license agreement with Leonardo, all usage of Leonardo Content by any party (“User”) is subject to the following requirements and restrictions:
Attribution and Copyright Notice: when displaying any Leonardo Content, the User will either provide a link back to www.leonardo.com (where applicable) -OR- provide a credit to substantially in the following form: “[Image/video/etc.] sourced from Leonardo Worldwide Corporation” in close proximity to the Leonardo Content. Additionally, if the metadata for the Leonardo Content includes a Copyright Notice and/or other electronic Copyright Management Information (“CMI”) within the meaning of the United States Digital Millennium Copyright Act (“DMCA”), the User will also display such Copyright Notice and/or CMI in close proximity to the Leonardo Content.
Without limitation, the Leonardo Content may not be used as a trademark or service mark, or for any pornographic use, unlawful purpose or use, or to defame any person, or to violate any person’s right of privacy or publicity, or to infringe upon any copyright, trade name, trademark, or service mark of any person or entity.
Any derivative use of any Leonardo Content is not allowed.
The Leonardo Content may not be sublicense, re-licensed, rented or leased in any manner.
No Leonardo Content may be archived, republished or transmitted on any database or to a network or bulletin board or otherwise distributed or allowed to be distributed to or used by anyone other than the Authorized Licensees, without prior written consent from Leonardo.
In any event, no CMI or similar electronic metadata may be removed from any Leonardo Content and each User acknowledges that the removal of such metadata would be in breach of Section 1202 of the DMCA and subject to statutory damages under Section 1203(c)(3)(B) thereof.
Any use of any Leonardo Content by any User (“Unauthorized User”) that is not an Authorized Licensee constitutes copyright infringement, entitling Leonardo to exercise all rights and remedies available to it under copyright laws around the world, including an injunction preventing further use and monetary damages resulting from any such copyright infringement, including any claims by a third party. In addition and without prejudice to other remedies available to it, Leonardo reserves the right to charge and such Unauthorized User agrees to pay a fee equal to the lesser of: (i) US$100 per individual item of Leonardo Content (for e.g., for each image) used by the Unauthorized Leonardo Image for each year (or portion thereof) during which such item of Leonardo Content has been used by the Unauthorized User and (ii) US$500,000 per year (or portion thereof) of use of all Leonardo Content that has been used by the Unauthorized User.
Use of the Site
The Site and the Leonardo Content are intended for customers of Leonardo. You may not use the Site or the Leonardo Content for any purpose not related to your business with Leonardo. You are specifically prohibited from: (a) downloading, copying or re-transmitting any or all of the Site or the Leonardo Content without, or in violation of, a written license or agreement with Leonardo; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the Site or the Leonardo Content by using framing or similar navigational technology; (d) registering, subscribing, unsubscribing or attempting to register, subscribe or unsubscribe any party for any Leonardo product or service if you are not expressly authorized by such party to do so; (e) reverse engineering, altering or modifying any part of the Site or the Leonardo Content; (f) circumventing, disabling or otherwise interfering with security-related features of the Site or any system resources, services or networks connected to or accessible through the Site; (g) selling, licensing, leasing or in any way commercializing the Site or the Leonardo Content without specific written authorization from Leonardo; and (h) using the Site or the Leonardo Content other than for its intended purpose. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes. You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from the United States or the country in which you reside.
Copyright Infringement Policy and Complaints
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, Leonardo has adopted a policy of terminating, in appropriate circumstances and at Leonardo’ sole discretion, account holders who infringe the intellectual property rights of Leonardo or any third party.
If you believe that any material on the Site infringes upon any copyright that you own or control, you may file a notification of such infringement in accordance with our Copyright Policy.
THE SITE, INCLUDING WITHOUT LIMITATION THE LEONARDO CONTENT, ARE PROVIDED “AS IS” AND LEONARDO AND ITS DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. LEONARDO WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR THE LEONARDO CONTENT, OR THE UNAVAILABILITY OF THE SAME, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THIS SITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT LEONARDO, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS SITE OR THE LEONARDO CONTENT. Leonardo uses reasonable efforts to ensure the accuracy, correctness and reliability of the Leonardo Content, but we make no representations or warranties as to the Leonardo Content’s accuracy, correctness or reliability.
Some US states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.
Limitation of Liability
IN NO EVENT SHALL LEONARDO, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, THE LEONARDO CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM LEONARDO, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORISED ACCESS TO LEONARDO’ RECORDS, PROGRAMMES OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF LEONARDO, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO LEONARDO FOR ACCESS TO OR USE OF THE SITE.
Notwithstanding any of these Site Terms, Leonardo reserves the right, without notice and in its sole discretion, to terminate your account and/or to block your use of the Site.
Any waiver of any provision of the Site Terms will be effective only if in writing and signed by Leonardo. If any clause in these Site Terms is found to be unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. Any rights not expressly granted herein are reserved.
Changes to Site Terms
Leonardo reserves the right to change any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. When we make changes, we will revise the “last updated” date at the top of the Site Terms. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site following the posting of changes will constitute your acceptance of such changes. We encourage you to review the Site Terms whenever you visit one of our websites.