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TERMS & CONDITIONS

THE LEGAL STUFF
Website terms and conditions

These terms and conditions are the terms and conditions (‘Terms’) for using this website, i.e., www.virginoceanic.com (referred to herein as the “Site”). By accessing the Site, you agree to these Terms, and that you have read (or are deemed to have read) them in full. No user is authorized to use the Site unless they have read these Terms The contents of the Site are for general information purposes only.

Version 1; Dated as of: April 5, 2011

Use of the Site

All the materials on (or available from) the Site, including articles, other content, data and information, graphics, photographs, videos, audio, video or image files, logos and pictures, the organization and layout of the Site and the underlying software (the ‘Materials’) are protected by intellectual property laws. Any unlawful or unauthorized use of any of the Materials may violate intellectual property laws.

All the Materials and any other intellectual property associated with the Site are the sole property of Virgin Oceanic or its licensors. Except as expressly provided in these Terms, you are not granted any express or implied rights in and to any of the Materials or other intellectual property associated with the Site.

You are authorized to view and download the Materials on the Site for your personal non-commercial use only, provided that you shall not alter or remove any copyright, trade mark and other proprietary notices contained in the Materials and provided that you shall not copy, modify, alter, publish, broadcast, distribute, sell or transfer any of the Materials without the written permission of Virgin Oceanic.

You may not modify any of the Materials on the Site in any way or reproduce, create derivative works from, republish or distribute or otherwise use them for any public or commercial use without the express consent of Virgin Oceanic. You may link to the Site although not in a framed link or in such a way that would lead any visitor to your site to assume that Virgin Oceanic or any other member of the Virgin Group is in any way associated with your website or endorses it. You will not use or access any service, information, application or software available on the Site in any way not expressly permitted by Virgin Oceanic nor will you mirror the Site.

Any Materials which are provided in the ‘Press’ section of the Site may be reproduced republished, distributed or otherwise used for any public or fair commercial use provided that you shall not:

(i) use any of the Materials or any part of the Materials in any manner which Virgin Oceanic in its sole and absolute discretion considers defames any person or entity, is obscene or illegal, gives rise to any claim by any third party or could reasonably be expected to do so; and

(ii) use any of the Materials or any part of the Materials in any manner which Virgin Oceanic in its sole and absolute discretion considers disparages or tarnishes any of the Materials or any part of them or the reputation, image or intellectual property of Virgin Oceanic, its partners or licensors, Sir Richard Branson or any member of the Virgin group, or could reasonably be expected to do so.

When using any of the Materials which are provided in the ‘Press’ section of the Site or any part of such Materials you shall (i) not alter or remove any copyright, trade mark and other proprietary notices contained in such Materials and (ii) deal with the Materials and all parts thereof fairly and ensure that they are accompanied by a sufficient acknowledgement and, where so instructed in the ‘Press’ section of the Site, include an appropriate accreditation of the relevant artist or photographer in respect of the Materials used and any part thereof.

Upon a request by Virgin Oceanic you shall cease all and any use of the Materials which are or have been provided in the ‘Press’ section of the Site. You will not input or upload to the Site any information that is false or which contains viruses or other programs intended to damage or interfere with the Site or the business of Virgin Oceanic or its partners, or any other member of the Virgin group.

Links on the Site

The Site may contain links to third party websites or third party materials. Unless expressly stated to the contrary, neither Virgin Oceanic, LLC nor any other member of the Virgin group makes any endorsement of or representation concerning any such linked websites or materials nor does Virgin Oceanic, LLC or any other member of the Virgin group assume any liability in connection with any such websites or materials, the content, advertising, products or services available from such websites or any dealings you may have, or the consequences of such dealings, with the operators of those websites.

Virgin Oceanic, LLC expressly reserves the right to withdraw its consent at any time to a link which Virgin Oceanic, LLC believes is inappropriate.

Trade marks

Virgin, Virgin OCEANIC, the Virgin OCEANIC logo and elements of it, including the Virgin signature logo, are trademarks of Virgin Enterprises Limited and are used under license.

Breach of these Terms

If Virgin Oceanic, LLC considers that you have breached any of these Terms or have otherwise demonstrated inappropriate conduct when using the Site, your authorization to visit the Site may be terminated, suspended or restricted and any related subscriptions to additional services offered through the Site (if any) will be discontinued, any content or materials which you may have posted to the Site (if any) will be deleted and you must destroy any downloaded or printed Materials. Virgin Oceanic and each other member of the Virgin group reserves its rights to pursue all remedies available to it under applicable law in respect of your breach of these Terms and/or inappropriate conduct.

If your conduct on or use of the Site causes Virgin Oceanic or any other member of the Virgin group loss, damage or other costs, you shall indemnify them in respect of such loss, damage and costs.

Disclaimer of Warranties and Liability for Losses

THE MATERIALS AND THE SITE ARE PROVIDED TO YOU ON AN “AS IS” BASIS. NEITHER VIRGIN OCEANIC NOR ANY OTHER MEMBER OF THE VIRGIN GROUP WARRANTS THE ACCURACY OR RELIABILITY OF ANY OF THE MATERIALS AND THEY EACH EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, DESCRIPTION, ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE CASE OF JURISDICTIONS WHICH RESTRICT THE SCOPE OF LIMITATION CLAUSES, THIS LIMITATION SHALL BE APPLIED TO THE GREATEST EXTENT PERMITTED BY LOCAL LAW. THE INFORMATION PROVIDED ON THE SITE MAY BE OUT OF DATE, INACCURATE AND MAY BE CHANGED OR UPDATED WITHOUT NOTICE. NEITHER VIRGIN OCEANIC NOR ANY OTHER MEMBER OF THE VIRGIN GROUP CAN ACCEPT ANY LIABILITY FOR ANY ERROR OR OMISSION IN INFORMATION PROVIDED ON THE SITE OR ANY FAILURE TO UPDATE INFORMATION ON THE SITE. IN ACCESSING THE SITE YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER VIRGIN OCEANIC NOR ANY OTHER MEMBER OF THE VIRGIN GROUP WILL BE LIABLE FOR ANY LOSSES WHATSOEVER WHICH MAY ARISE FROM YOUR USE OF OR RELIANCE ON THE MATERIALS OR ANY OTHER CONTENTS OF THE SITE, THE SECURITY OF THE SITE, VIRUSES WHICH MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS A RESULT OF YOUR USE OF THE SITE OR ANY BREACH OF SECURITY BY HACKERS, WHETHER SUCH LOSSES BE DIRECT LOSSES, INDIRECT LOSSES, LOST PROFITS, DAMAGED, LOST OR CORRUPTED DATA OR MATERIAL, LOST GOODWILL, LOSS OF ANTICIPATED SAVINGS OR REVENUE, CONSEQUENTIAL OR ANY OTHER LOSSES, WHETHER OR NOT VIRGIN OCEANIC OR ANY OTHER MEMBER OF THE VIRGIN GROUP HAS ADVISED YOU, OR HAS BEEN ADVISED, OF THE POSSIBILITY OF SUCH LOSSES. MUCH OF THE INFORMATION ON THE SITE IS PROVIDED BY THIRD PARTIES AND NEITHER VIRGIN OCEANIC NOR ANY OTHER MEMBER OF THE VIRGIN GROUP ACCEPTS ANY LIABILITY WHATSOEVER FOR THAT INFORMATION.

Press FTP Website Terms of Use

By accessing and using the Virgin Oceanic Press FTP website (the “Site”), you agree to the following terms of use (“Terms”). If you do not agree to the Terms, you may not use the Site.

This Site is solely for the use of journalists and those interested in Virgin Oceanic Expedition, LLC (“Virgin Oceanic”). Virgin Oceanic hereby grants you and your affiliated media organization a limited license to use, view, download, reproduce, republish, display and distribute copies of the images, graphics, video and text (collectively, the “Content”) available through the Site, solely for use in reporting on Virgin Oceanic, its services and products, in a professional journalistic context through newspaper, magazine, radio, television, or Internet media. Use of the Content or the Site for any other purpose, without the express written consent of Virgin Oceanic, is strictly prohibited and is a violation of copyright laws and these Terms. If you wish to use Content for any other purpose, please email our permissions desk at info@virginoceanic.com. You agree to include an appropriate accreditation of Virgin Oceanic as the source of any Content you use from the Site, and to include an appropriate accreditation of the relevant artist or photographer in respect of any such Content where such accreditation is requested on the Site.

All Content is the copyrighted property of Virgin Oceanic or its licensors. Virgin Oceanic retains the right, in its sole discretion: (i) to terminate the license granted herein at any time; (ii) to make changes to, or discontinue the Content or the Site at any time; and (iii) to update these Terms from time to time. You warrant and agree that, while using the Content and the Site you shall not:

(a) redistribute, sell or make other commercial use of the Content (including, but not limited to, by using Content on posters, t-shirts, coffee mugs, calendars, books or other items), other than as provided for under the limited license granted herein;

(b) insert any advertising or other promotional content into any Content;

(c) impersonate any person or entity or misrepresent your affiliation with any other person or entity, including Virgin Oceanic;

(d) use any of the Content or the Site in any manner that is obscene, illegal, defames any person or entity, or disparages or tarnishes any of the Content or the reputation, image or intellectual property of Virgin Oceanic, its partners or licensors, Sir Richard Branson or any member of the Virgin group, or could reasonably be expected to do so;

e) alter or remove any copyright, trade mark or other proprietary notices contained in the Content;

(f) attempt to gain unauthorized access to other computer systems through the Site, or use the Site in any manner with the intent to interrupt, damage, disable, overburden, or impair the Site; or

(g) combine Content to exceed four minutes in duration and/or use for any commercial purposes.

You agree to indemnify Virgin Oceanic, its affiliates and licensors for any claim, including reasonable attorney’s fees, that arises out of your use of the Content, breach of these Terms, or other violation of law.

The Content and the Site are provided to you on an “AS IS” basis. Virgin Oceanic does not make any warranties with respect to the Content or the Site, including any warranty as to the accuracy, completeness, currency, reliability of any Content, or content available through third-party links on the Site. Virgin Oceanic expressly disclaims any implied warranties of title, description, accuracy, non-infringement, merchantability or fitness for a particular purpose.

You agree that, to the fullest extent permitted by applicable law, Virgin Oceanic shall not be liable for any losses whatsoever which may arise from your use of or reliance on the Contents or the Site, the security of the Site, viruses which may infect your computer equipment or other property as a result of your use of the Site or any breach of security by hackers, whether or not Virgin Oceanic has advised you, or has been advised, of the possibility of such losses. IN NO EVENT SHALL VIRGIN OCEANIC, ITS AFFILIATES OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, ANY DELAY OR INABILITY TO USE THE SITE, OR FOR ANY CONTENT OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. In the case of jurisdictions which restrict the scope of limitation clauses, this limitation shall be applied to the greatest extent permitted by local law.