Terms and Conditions
16 October 2012
- Copyright and Trademark Notice; Proprietary Materials.
The materials used and displayed on the Site, including but not limited to all text, software, images, photographs, graphics, illustrations, artwork, creative materials, advertisements, commercials, film clips, video, music, sound, names, logos and trademarks ("Proprietary Materials") are, unless otherwise indicated, the property of Havas Worldwide Bucharest, S.A. ("Company") and are protected by copyright, trademark, and other Romanian laws. Any use of the Site and/or the Proprietary Materials, except as expressly set forth herein, including reproduction, modification, distribution, dissemination, retransmission, broadcasting, republication, reprinting or reposting, without the prior written permission of Company, is strictly prohibited. Without limiting the foregoing, you may not, without Company's prior written permission, "mirror" any Proprietary Materials on any other server. The Proprietary Materials may include materials owned by third parties, and any use of any such materials is strictly prohibited, unless prior written consent is also obtained from the owner of such materials. Proprietary Materials include the names, trademarks and tradenames under which Company does business (including Havas Worldwide Bucharest and Havas Worldwide Bucharest, S.A.) and are protected by the laws of Romania. Proprietary Materials also include the names, trademarks and tradenames of Company's parents, subsidiaries and affiliates and of third parties, including clients of Company, its parents, subsidiaries and affiliates, and are protected by the laws of Romania. Any unauthorized use of such names, trademarks or tradenames is strictly prohibited absent the prior written consent of Company and/or the relevant third party.
Any inquiries, feedback, suggestions or ideas you provide to Company (collectively, "Submissions") will be treated as non-proprietary and non-confidential. Subject to the terms of our Privacy Statement, by transmitting or posting any Submission, you hereby grant Company a nonexclusive, royalty-free, perpetual, transferable, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute, and display any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works. You also acknowledge that Company may use your Submission, and any ideas, concepts or know- how contained therein, for any purpose. If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission and that such Submission does not infringe the rights of any third party. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify Company for all claims arising from your Submission.
- DISCLAIMER OF WARRANTIES.
THE SITE AND EVERYTHING CONTAINED ON THE SITE, INCLUDING, WITHOUT LIMITATION, TEXT, INFORMATION, GRAPHICS, AND LINKS, ARE PROVIDED ON AN "AS IS" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, ANYTHING CONTAINED ON THE SITE, OR THE USE OF THE SITE OR ANYTHING CONTAINED ON THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY OTHER WARRANTIES UNDER ARTICLE 2 OF THE UNIFORM COMMERCIAL CODE. WITHOUT LIMITING THE FOREGOING, COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SECURITY OF ANY DATA OR INFORMATION TRANSMITTED TO THE SITE OR THE ACCURACY OF ANY INFORMATION CONTAINED ON THE SITE.
- LIMITATION ON LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER COMPANY NOR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, REPRESENTATIVES, OR LICENSORS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE (OR INABILITY TO USE) THIS SITE, THE FAILURE OF PERFORMANCE OF THIS SITE FOR ANY REASON, OR THE USE OF THE INFORMATION OR MATERIALS AVAILABLE FROM THE SITE.
You agree to defend, indemnify and hold Company harmless for any loss, damages or costs, including reasonable attorneys' fees and disbursements, resulting from any third-party claim, action, or demand resulting from your use of the Site. You also agree to indemnify Company for any loss, damages, or costs, including reasonable attorneys' fees and disbursements, resulting from your use of software robots, spiders, crawlers, or similar data-gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on Company’s infrastructure.
- Linked Websites.
Company does not review or monitor any websites linked to the Site and is not responsible for the content of any such linked websites. Your use of such linked websites is at your own risk. In addition, the existence of a link between the Site and another website shall not constitute the endorsement by Company (or its parents, subsidiaries or affiliates, or any client of any of the foregoing) of the owner or proprietor of such linked website or of any products or services of such owner or proprietor, nor shall it constitute an endorsement by the owner or proprietor of such linked website of Company, its parents, subsidiaries or affiliates, any client of any of the foregoing, or the products or services of any of the foregoing.
- Company's Privacy Statement:
- Company's postal address is: 141 Calea Victoriei, Sector 1, Bucharest, 010071
- Company can be reached via e-mail at email@example.com or by telephone at 0040 (0)213181447.
- When you visit the Site, Company collects and stores only the following information about you: the name of the domain from which you access the Internet; the date and time you access the Site; and the Internet address of the website from which you linked directly to the Site. Company uses this information for internal purposes only, including to measure the number of visitors to the different sections of the Site, and to help make the Site more useful to visitors.
- If you identify yourself by sending an e-mail to Company, Company also collects and stores your e-mail address and any other information provided by you in your e-mail, and Company may contact you and/or send you information via your e-mail address. If you provide Company with your postal address, Company may contact you and/or send you information via your postal address. If you provide Company with your telephone number, Company may contact you by telephone. If you do not want Company to contact you or send you information by e-mail, postal mail and/or telephone, please let Company know by sending an e-mail to Company at the above address. If you would like to change any of the information that you have provided to Company, please let Company know by sending an e-mail to Company at the above address. If you would like Company to remove you from its database, please let Company know by sending an e-mail to Company at the above address.
- Please note that Company cannot guarantee the security of any data or information you send to the Company.
- Company does not make available any information that Company collects from you to any organizations or companies other than Company's parents, subsidiaries and affiliates.
- Governing Law and Venue; Arbitration.
The Terms and the use of the Site and anything contained on the Site shall be governed by, and construed and enforced in accordance with, the Romanian laws, giving no effect to its conflicts of law principles. Any dispute relating in any way to your use of the Site shall be submitted to confidential arbitration in Bucharest, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in Bucharest, and you consent to exclusive jurisdiction and venue in such courts. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
You acknowledge and agree that these Terms, constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications. Company reserves the right, in our sole discretion, to change these Terms at any time by posting the changes on the Site. Any changes are effective immediately upon posting to the Site. Company may, with or without prior notice, terminate any of the rights granted by these Terms. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site. Nothing contained in these Terms shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Company’s failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall Company’s waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms shall be unenforceable or invalid under any applicable law or be so held by any applicable court decision, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole. Company will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision. Questions or comments regarding the Site and the information contained on the Site should be directed to Company at the above address.
- The Site, and all creative and technical design, text, graphics, interfaces, interactive elements thereof and the selection and arrangement thereof on the Site, are ©2012 Havas Worldwide, INC. ALL RIGHTS RESERVED.