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Leonardo Terms & Conditions and Privacy Policy

By registering and entering MediaBank I agree with the Leonardo Terms & Conditions. I allow Leonardo to process any information I send in accordance with its Privacy Policy as stated in Clause 6 of the Leonardo Terms and Conditions. I am aware and allow that the information is registered in a data bank that, due to the international nature of Internet, can be consulted abroad.

Clause 1 - Definitions

"Content": the content of MediaBank, consisting of text, pictures, logos, trademarks, images and audio-visual materials regarding tourist destinations and lodging facilities throughout the world, as provided by Subscribers to Leonardo and as edited and compiled by the latter;

"Errors": any errors and defects appearing and/or occurring during the use of the Content, including editing errors and the failure of MediaBank services to operate in conformity with its functionality;

"Leonardo": Leonardo Media B.V. and its affiliated companies;

"MediaBank": the bank in which the Content has been collected and that is at the disposal of the User;

"Registration": registration whereby Leonardo grants the User a right of use with respect to MediaBank;

"Subscriber": an entity (hotel, tourist board, attraction, monument, museum, car rental company or cruise line, etc.) that provides Leonardo with Content loaded into MediaBank.

"User": a person who has registered as a user on the Leonardo website by means of Registration.

Clause 2 - General Provisions

1. These MediaBank Terms and Conditions shall be applicable to the provision of access to MediaBank, as well as to each installation and to each use of MediaBank.

2. Leonardo is the owner and manager of this website. The information has been provided by Subscribers, who have granted Leonardo permission to distribute the information to the Users of MediaBank electronically, by mail and otherwise and to grant Users the right of use mentioned below.

Clause 3 - Subject / Right of Use

1. Leonardo grants the User a right of use with respect to MediaBank. This right of use consists of the rights to access Mediabank, to consult MediaBank, and to use and to retrieve minor parts (with a limit of 250 images per user company per annum) of the Content for the sole purpose of distributing these elements of the Content to the travel industry and to other third parties in printed and/or electronic promotional material.

Bulk orders, over 250 images per user company per annum, for website and large brochure requirements, are at the sole discretion and by prior written permission of Leonardo only.

2. The non-exclusive right of use is granted for an indefinite period of time and is not transferable to any party other than the one who is registered with permission from Leonardo.

3. Leonardo reserves all rights not explicitly granted to the User.

4. In no event does the right of use include a right to use the retrieved Content, in whole or in part, to compile a databank, either by or through the User, or to otherwise use the Content for purposes that compete with Leonardo's MediaBank.

5. The right of use in no event includes a right to borrow the MediaBank concept, either in whole or in part, and/or to put this concept, either in whole or in part, at the disposal of third parties.

6. The User shall not, without the written permission of Leonardo, make (or have others make) changes in or additions to MediaBank.

Clause 4 - Intellectual Property Rights

1. No intellectual property rights are transferred to the User and the use of MediaBank shall not, in any event, constitute an intellectual property right on the part of the User regarding the Content or the technology offered by Leonardo.

2. Leonardo hereby declares, without being liable to pay compensation, that it has produced MediaBank entirely with its own corporate resources and/or that it owns the rights to dispose of the applications and data files contained therein. At the time of delivery Leonardo is not aware of any third party that holds any rights that could adversely affect the undisturbed use of MediaBank.

3. If any third party states to the User that the third party has any rights with respect to MediaBank, the User shall immediately notify Leonardo thereof in writing.

4. With regard to third parties who state that their rights are being infringed, the User shall refrain, without prior written permission from Leonardo, from making any oral or written statements or promises, from acknowledging any rights or facts, from committing the User in any way whatsoever and from entering into settlements.

5. If it is established, either in or out of court, that the use of the applications or any parts thereof contained in MediaBank infringes any intellectual property right, Leonardo shall exert its best efforts to change the relevant applications in such a manner that the User may continue to use the applications.

6. The User warrants and represents that the User shall at all times observe the limits of the right of use granted to the User and, more specifically, always respect the intellectual property rights of Leonardo and of the third parties whose protected material is included in MediaBank.

Clause 5 - Liability

1. To the maximum extent permitted by law, Leonardo shall not be liable for any damage suffered by the User, including damage that is caused if the Content of MediaBank is incomplete, incorrect, not up-to-date or technically not fit for the intended use.

2. Any User who carries on a profession or business shall indemnify Leonardo for and against any claims by third parties, including Subscribers, for compensation or damages, including for loss of profit, suffered as a result of the use of MediaBank.

3. Leonardo shall not be liable for the content of websites to which the Users are referred via links.

4. Leonardo shall not be liable if MediaBank cannot be used for practical reasons such as Errors and technical breakdown or for legal reasons such as court orders.

5. The inclusion of information provided by a Subscriber does not in any way imply Leonardo's endorsement of the business of the Subscriber. Leonardo shall not be liable for any damage caused by a Subscriber to a User or other third parties.

6. Leonardo shall not be liable for the failure to fulfil any of its obligations under these Terms and Conditions, if the fulfilment has been interfered with, hindered, delayed or prevented by circumstances not reasonably within the control of Leonardo.

7. Any liability on the part of Leonardo shall never exceed the amount received by Leonardo from the insurance company with which Leonardo has insured its interests under this agreement.

Clause 6 - Privacy Policy

1. This statement discloses the privacy policy for the Leonardo.com website.

2. All personal data registered by Leonardo will be treated in accordance with the applicable legislation of the European Union and the Netherlands, and especially with Directive 95/46/EC and the Dutch Personal Data Protection Act 2000 (Stb. 2000, 302).

3. In the User registration process you provide information about yourself, your company and its business, products for which you intend to use content (printed and/or electronic) and Internet sites you intend to use. We use this information to support our relationship with you and to improve our services, i.e., to inform you about upgrades to our website, special offers or promotions and new services and products that we offer. We share the information with our worldwide subsidiaries, Content Providers, Users and business partners to enable them to provide you with information about their services and products. With respect to these services, we have an opt-out policy: If you do not wish to receive such marketing information, you may let us know by sending an e-mail to info@leonardo.com

4. In addition, we may use the information for public relations, marketing and sales purposes. As part of our services, we may compose, print and distribute directories that include the information you provide. These directories enable us to create e-communities of our Users and Content Providers, and other services that facilitate contact between Users and Content Providers if they so wish.

5. We use cookies, so your browser must be set up to accept them. These cookies do not retain any permanent information on your computer's hard disk and are used temporarily only for session ID information. There are no banners or third party advertisements on our website and we do not disclose personal information to such advertisers or intermediaries between advertisers, publishers and the like.

6. Due to the international nature of the Internet, the information you provide may cross national and European Union borders.

7. You can request the information we have collected about you by sending an e-mail to info@leonardo.com. Any corrections or inaccuracies in your information and any questions or concerns regarding our privacy policy may be submitted to the same address. We will endeavour to respond to all reasonable requests, questions and concerns within five business days of receipt.

8. Any material changes in the way we use your information will be set out in future versions of our privacy policy.

Clause 7 - Duration and Cancellation of the Registration

1. Registration, which constitutes acceptance of these Terms and Conditions, shall enter into effect from the instant the User clicks the button "I Agree, Register Now" and shall continue until the time the Registration is cancelled.

2. A request for cancellation of the Registration by the User shall be addressed to one of Leonardo's registered offices, as described on the website, in writing either by mail or electronically. Cancellation shall come into effect within 30 days of receipt of the request.

3. Leonardo reserves the right to cancel, at any time and for any reason (including any violation to clause 3), the Registration of the User. The use of MediaBank by the User shall be terminated with immediate effect from the moment of cancellation.

4. For a period of thirty days after termination, the User may continue the distribution of the existing promotional material that includes Content retrieved from MediaBank prior to termination, unless the Registration was terminated because of the unlawful use of the Content, in which case such distribution shall be prohibited with immediate effect.

Clause 8 - Concluding Provisions

1.a. Leonardo shall have the right to amend these Terms and Conditions and to declare the amended Terms and Conditions applicable to an existing Registration. The amended Terms and Conditions are accepted by pressing the "Agree And Access MediaBank" button. If the User does not accept the amended Terms and Conditions, the use of MediaBank by the User shall terminate automatically with the effect described in clause 7, sections 3 and 4.

  b. If Leonardo declares that the amended Terms and Conditions are applicable to an existing Registration, Leonardo shall make the amendments known in a timely manner. The amended Terms and Conditions shall thenceforth immediately enter into force and effect.

2. The Registration, and thus these Terms and Conditions, shall be governed by the laws of The Netherlands.

3. The competent court in Amsterdam, The Netherlands, shall have exclusive jurisdiction to resolve any dispute arising from the Registration and/or the interpretation of this agreement.

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