Updated: August, 2009.
PLEASE READ THESE TERMS OF USE AND PRIVACY POLICY CAREFULLY BEFORE USING THIS WEBSITE.
YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND PRIVACY POLICY BY ACCESSING THIS WEBSITE OR BY DOWN-LOADING ANY INFORMATION OR CONTENT FROM THIS WEBSITE. IF YOU DO NOT AGREE TO THE TERMS OF USE OF THIS WEBSITE, DO NOT USE THIS WEBSITE, PLEASE DO NOT USE THIS SITE. JCDecaux North America and its affiliates and subsidiaries (collectively, "JCDecaux NA", our, we) respects your privacy. Our online privacy policy discloses the types of information we gather from those persons visiting this website Accordingly, when you use this website, you should check the date of the Terms of Use (which appears at the top) and review any changes since the last version.
Terms of Use:
This website, www.JCDecauxNA.com (the Website) is provided to you by JCDecaux NA. By accessing the Website or by downloading any information or content from this Website you are agreeing to be bound by the following terms of use (the Terms of Use). We reserve the right to amend or revise in any way, the Terms of Use, from time to time and without prior notice to you and each time you access the Website you are bound by the Terms of Use of the Website then specified. By continuing to use the Website you are indicating your renewed agreement to be bound by the Term of Use, as amended or revised.
Under these Terms of Use, by accessing or linking to this Website, you agree not to use the Content for any unlawful purposes and not to violate JCDecaux NA's rights or the rights of others. JCDecaux NA reserves the right to object or otherwise take action against any such use.
By accessing or linking to this Website, you assume the risk that this Website and all of the content it contains, or may in the future contain (collectively, the "Content") may be incomplete, inaccurate, out of date, or may not meet your needs and requirements. Further, JCDecaux NA may, at any moment, add, revise, remove or amend any of the Content without prior notice to you and without liability. JCDecaux NA assumes no obligation to update or revise the Content.
JCDecaux NA shall, in its sole discretion, determine your compliance with these Terms of Use. Any violation of these Terms of Use may result in restrictions on your access to all or part of the Website and may be referred to law enforcement authorities. No waiver of any of these Terms of Use shall be of any force or effect unless made in writing and executed by JCDecaux NA.
Upon termination of your access to the Website, or upon demand by JCDecaux NA, you must destroy all materials obtained from this Website and all related documentation and all copies and installations thereof. If any provision of these Terms of Use is held to be unlawful, void or unenforceable by any court having competent jurisdiction, then such provision shall be severable without affecting the enforceability of all remaining provisions, which will remain in full force and effect.
Intellectual Property Rights:
The Content is owned by JCDecaux NA, its directors, officers, partners, employees, suppliers and assigns (collectively, the "JCDecaux NA Affiliates"); and is protected from unauthorized use, copying and dissemination by copyright, trademark, publicity and other laws and by international treaties. Nothing contained in these Terms of Use or on the Website should be construed as granting in any way or by any action a license or right to use any Content in any manner without the prior written consent of JCDecaux NA. ANY UNAUTHORIZED USE, REUSE, POSTING, REPOSTING, DISPLAY, PERFORMANCE, SALE, FRAMING, COPYING, REPRODUCTION, MODIFICATION, PUBLISHING, REPUBLISHING, UPLOADING, DOWNLOADING, TRANSMITTING, DISTRIBUTING, DUPLICATING OR ANY OTHER USE OF THE CONTENT IS STRICTLY PROHIBITED WITHOUT THE PRIOR WRITTEN CONSENT OF JCDECAUX NA. As a user of the Website, you agree not to use the Content for any unlawful purposes and not to violate JCDecaux NA's rights or the rights of others. JCDecaux NA reserves the right to object or otherwise take action against any such use.
Personal Information Collected:
Personal information (Personal Information) is defined as non-public information that pertains to a specific individual and can be linked to that individual. JCDecaux NA collects Personal Information directly from you, such as name and e-mail address, when you voluntarily register on the Site or sign up for the mailing list located on the Site. We may verify the Personal Information you provide and obtain additional information from consumer reporting agencies or other sources.
Aggregate Information Collected:
Aggregate information (Aggregate Information) is non-personally identifiable/anonymous information about you, such as age, gender, or Web pages you access most frequently. Aggregate Information is used by JCDecaux NA in a collective manner, and no single person can be identified by that compiled information. Tracking Internet Protocol (IP) addresses is one method of collecting Aggregate Information about your activities online and information volunteered by you. An IP address is a number that is automatically assigned to your computer whenever you surf the Web. The computers, which deliver the Web pages to you, automatically identify your computer by its IP address. When you request a page from our Site, our servers log your IP address.
Use of Cookies:
Cookies are pieces of information, which Websites transfer to your computers Web browser for storage on your computers hard drive. JCDecaux NA may set and access cookies on your computer. You can configure your browser to accept all cookies, reject all cookies, or notify you when a cookie is set. (Each browser is different, so check the Help menu of your browser to learn how to change your cookie preferences.) JCDecaux NA uses cookies for a number of purposes, including but not limited to measuring activity on the Site and accessing your information when you sign in in order to provide you with customized content.
Information Sharing and Disclosure:
JCDecaux NA does not share, sell or trade with third parties your Personal Information gathered online without your consent. In addition, JCDecaux NA does not contribute to or participate in cooperative databases, which give other companies access to such Personal Information.
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Ability to Edit & Delete Your Account Information & Preferences:
JCDecaux gives you the ability to edit account information and preferences at anytime, including whether on not
you wish to participate in our mailing list. You can make changes to the Information you give during registration
by reregistering with the site. The Information you provide will be used to update our database. If you wish
to remove your name from our mailing list, click on the unsubscribe button and enter your email address.
Security:
The Personal Information JCDecaux NA collects from visitors to the Site is stored on a highly secure server. Physical access to the servers on which we store Personal Information is restricted. However, as effective as modern security practices are, no physical or electronic security system is impenetrable. We cannot guarantee the security of our database, nor can we guarantee that the information you supply will not be intercepted while being transmitted over the Internet. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL JCDECAUX NA OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF THE INFORMATION OR MATERIALS ON THE JCDECAUX NA SITE, EVEN IF JCDECAUX NA HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES.
Amendments to Personal Information / Inquires Regarding Privacy Policy
JCDecaux NA gives you the ability to edit Personal Information and preferences at anytime. You can make changes to the Personal Information and other information you give during registration by re-registering with the Site. The Personal Information you provide during re-registration will be used to update our database. If you wish to remove your name from our mailing list, click on the unsubscribe button and enter your e-mail address. Please send an e-mail to marketing@jcdecauxna.com, if you: (1) have inquiries or comments regarding this Privacy Policy or the information collection and dissemination practices of the Site, or (2) want access to your Personal Information collected on the Site.
NO WARRANTY OR REPRESENTATION:
THE WEBSITE, THE CONTENT, AND ALL E-MAILS SENT BY JCDECAUX NA ("E-MAILS") ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WEBSITE, THE CONTENT, AND THE E-MAILS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS.
JCDECAUX NA MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY FACTS, ADVICE, OPINIONS, VIEWS, STATEMENTS, RECOMMENDATIONS OR OTHER INFORMATION DISPLAYED ON OR DISTRIBUTED THROUGH THE WEBSITE, THE CONTENT, AND/OR THE E-MAILS. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH FACTS, ADVICE, OPINIONS, VIEWS, STATEMENTS RECOMMENDATIONS, OR OTHER INFORMATION IS AT YOUR SOLE RISK
JCDECAUX NA AND MAKES NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING THE SUITABILITY, FUNCTIONALITY, AVAILABILITY OR OPERATION OF THIS WEBSITE, THE CONTENT, OR THE E-MAILS. THIS WEBSITE MAY BE TEMPORARILY UNAVAILABLE DUE TO MAINTENANCE OR MALFUNCTION OF COMPUTER EQUIPMENT. JCDECAUX NA DOES NOT WARRANT THAT THE CONTENT, THE WEBSITE, OR THE E-MAILS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN THE WEBSITE, THE CONTENT, OR THE E-MAILS WILL BE CORRECTED, OR THAT THE WEBSITE, THE SERVERS THAT MAKE THE WEBSITE AND/OR THE CONTENT AVAILABLE, AND THE E-MAILS ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitations of Liability:
JCDECAUX NA IS NOT LIABLE, UNDER ANY CIRCUMSTANCES, FOR DAMAGES OF ANY KIND REGARDLESS OF HOW SUCH CLAIM MAY BE BASED, RESULTING FROM OR ARISING OUT OF THE WEBSITE, THE CONTENT, THE E-MAILS, OR ANY ERRORS OR OMISSIONS IN THE TECHNICAL OPERATION OF THE WEBSITE, THE CONTENT, OR THE E-MAILS, REGARDLESS OF WHETHER JCDECAUX NA HAS BEEN ADVISED OF ANY POSSIBILITY OF SUCH DAMAGES FOR WHATEVER REASON CAUSED.
IN NO EVENT SHALL JCDECAUX NA BE LIABLE FOR ANY DAMAGES TO ANY COMPUTER EQUIPMENT OR PROPERTY OR LIABLE TO YOU FOR ANY REASON OR ANY CAUSE OF ACTION WHATSOEVER IN AN AMOUNT GREATER THAN FIFTY DOLLARS ($50).
Governing Law.
JCDecaux NA operates the Website in the United States. Content may not be appropriate or available for use in other locations, and access to this Website from territories where the content of the Website may be illegal is prohibited. If you access the Website from other locations, you do so without the permission of JCDecaux NA and you are solely responsible for compliance with any laws having jurisdiction over you and your access. You may not use the Website or export the Content in violation of U.S. export laws and regulations.
These Terms of Use and your use of the Website shall be construed, enforced, and governed in accordance with the laws of the United States of America and the State of New York without regard to its conflicts of laws.
Legal action or proceeding related to or arising out of this Website or accessing this Website may only be brought in a federal or state court of competent jurisdiction sitting in New York within ninety (90) days after the occurrence of the facts giving rise to the cause of action, otherwise the cause shall be forever barred. However, notwithstanding any other provision of this Terms of Use, you agree that in the event of any dispute between the parties, the damages, if any, caused to you are not irreparable or sufficient to entitle to any equitable relief of any kind and may only be limited to actual damages, once proven.
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