The following Terms and Conditions contain the conditions of use of the Website www.americascupanywhere.com (hereinafter referred to as the "Website") offered by ALCATEL-LUCENT.
ALCATEL-LUCENT may revise these terms at any time by updating this document (without prior written notification). Those revised Terms and Conditions will take effect as of the date of their posting and will apply automatically to users upon first subsequent login.
The use of this Website grants the condition of user of the Site (hereinafter referred to as the “User”) and implies their understanding and acceptance of these Terms and Conditions of Use.
Conditions of Use of the Materials on this Website
The User undertakes to use this Website and the Materials according to the law, the present Terms and Conditions and any other legal notice posted in the Website, the moral and good customs or use in such way that it may damage, deteriorate or impede the normal use of the Website, the network computer environment or the documents, files and any of the ALCATEL-LUCENT or third parties' Material.
The Material includes but is not limited to images, photographs, illustrations, texts, logos, trademarks, software, object and source codes, video clips, games, audio and any other visual or sonorous material (hereinafter referred to as "Material").
Materials are intended to be for informational purposes only and ALCATEL-LUCENT may change information, Materials available at this Website or the product mentioned, at anytime without notice.
The User may download and copy Material of this Website in his computer provided that:
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The User uses the Material only for informative, private, domestic and non-commercial use purposes, and
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The User does not delete, alter or remove from the Materials or webpages any copyright, trademark or any other proprietary notices (symbols such as “©” or “®”) and any digital track or other technical mean created for recognition.
Unless the provisions set out in the previous paragraph, and except otherwise provided in the Website, the User shall not reproduce, copy, distribute, communicate, publicly perform, transform or otherwise display on any other website, prepare derivative works, or modify the Materials without ALCATEL-LUCENT's or third rights-holder prior written approval.
The User shall refrain from obtaining or trying to obtain the Material through different methods of those available on this Website or, in general, those usually used on the Internet, provided that they do not imply a risk of damage or non-use of the Website or its Materials.
The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No content from this Website may be downloaded or otherwise transmitted in violation of the United States Export Control laws.
Communications transmitted to the Website
Users are prohibited from posting or transmitting any unlawful, threatening, obscene, libelous, or otherwise offensive materials on or through this Website.
Any communication or material the User sends to the Website by electronic mail or equivalent electronic mean, excluding personal data about the User (which will be treated as set forth in the Privacy Statement), but including without limitation, any other data, query or answer, comment or suggestion, shall not be construed as proprietary information. ALCATEL-LUCENT does not guarantee the confidentiality of any communication or information transmitted to the Website.
By posting communications or information to the Website, the User automatically grants ALCATEL-LUCENT a royalty-free, perpetual, irrevocable non-exclusive license to use, reproduce, disclose, modify, publish, edit, translate, distribute, perform, display and/or otherwise use for any purpose whatsoever such communications or information alone, or as a part of other works in any form, media, or technological tool, now known or to be known in the future and to sublicense such rights to anyone.
Links from and to the Website
3.1 Links to other sites
This website may provide links to other sites that allows access to other sites operated by third companies. The inclusion of the links are for the sole purpose of convenience for allowing the User to find and consult information, material or services offered in such sites. Links to these sites do not constitute an endorsement by ALCATEL-LUCENT of such companies or sites or the content, products, or other materials or services presented by them. ALCATEL-LUCENT does not author, edit, or monitor the content, links, or services provided by third parties.
ALCATEL-LUCENT SHALL NOT BE LIABLE DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE CAUSED IN CONNECTION WITH THE USE OF THE CONTENTS, PRODUCTS OR ANY OTHER MATERIAL AVAILABLE ON THIRD PARTY'S SITE AND SHALL NOT BE RESPONSIBLE FOR THEIR ACCURACY AND AVAILABILITY, AS WELL AS PERFORMANCE, TERMS AND CONDITIONS, POLICIES OR PRACTICES ON PERSONAL DATA PROTECTION OF SUCH THIRD PARTY SITES.
3.2 Links to ALCATEL-LUCENT's Website
The creation of a link to the Website from another site is subject to the following terms and conditions:
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The User shall ask prior ALCATEL-LUCENT's written approval to create a link to the Website ;
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Under no circumstances whatsoever, the User shall include the Website into the frame of another site and he shall only create a direct link to its home ;
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The User shall not create any third party association with the Website and the link shall not imply the existence of relations between ALCATEL-LUCENT and the site owner ;
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The User shall ensure that the link does not state or imply that ALCATEL-LUCENT sponsors or endorses the other site activity, nor that ALCATEL-LUCENT has accepted or approved the link or the material posted, content, services and/or conditions of use offered on the third parties site ;
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The site shall not include false, misleading, defamatory or derogatory declarations about ALCATEL-LUCENT and any of its employees, webpages or services offered on the Website and shall not, in any manner, include illegal material or information, or not being in keeping with morality, good practices or public order, nor shall it include contents that violate the rights of third parties ;
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The link shall not be construed as an authorization to use the photographs, trademarks, logos, commercial names or any other distinctive sign registered by ALCATEL-LUCENT or any third-holder party associated to ALCATEL-LUCENT without their prior written approval.
ALCATEL-LUCENT SHALL NOT BE LIABLE, IN ALL EXTENSION AUTHORISED BY LAW, FOR ANY DAMAGE OR LOSS OF ANY KIND, REGARDING THE PERFORMANCE, AVAILABILITY, ACCESSIBILITY, CONTINUITY OF THE THIRD PARTY SITE, AND FOR THE QUALITY, LEGALITY, RELIABILITY AND FITNESS OF INFORMATION, CONTENT AND SERVICES OFFERED ON THIS SITE.
Guarantees and liability
THE USE OF THIS WEBSITE IS AT THE OWN RISK OF THE USER. THE WEBSITE IS PROVIDED IN AN “AS IS”, “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, PERFORMANCE, AVAILABILITY AND CONTINUITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ALCATEL-LUCENT MAKES NO REPRESENTATION THAT THE MATERIAL OR THE SERVICES OR THE FUNCTIONAL ASPECTS OFFERED BY THE WEBSITE ARE ACCURATE, ERROR-FREE, TRUTHFUL OR FREE OF VIRUSES OR ANY OTHER HARMFUL ELEMENTS THAT MAY POSSIBLY CAUSE DAMAGES ON THE USER'S COMPUTER NETWORK, ELECTRONIC DOCUMENTS AND FILES.
ALCATEL-LUCENT DOES NOT UNDERTAKE TO MONITOR AND DOES NOT MONITOR THE USE MADE BY THIRD PARTIES OF THIS WEBSITE AND ITS MATERIALS. IN THIS REGARDS, ALCATEL-LUCENT DOES NOT GUARANTEE THAT THE USERS WILL USE THIS WEBSITE AND THE MATERIALS IN ACCORDANCE WITH THE TERMS AND CONDITIONS AND THAT THEY WILL USE IT WITH DILIGENCE. ALCATEL-LUCENT DOES NOT UNDERTAKE TO CHECK AND DOES NOT CHECK USERS' IDENTITY AS WELL AS THE ACCURACY, COMPLETENESS, LEGALITY, TIMELESS AND/OR AUTHENTICITY OF THE DATA PROVIDED BY THE USERS REGARDING OTHER USERS.
ALCATEL-LUCENT SHALL NOT BE LIABLE, IN ALL EXTENSION AUTHORISED BY LAW, FOR ANY DAMAGE OR LOSS OF ANY KIND WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS) ARISING OUT OF THE USE OF OR THE INABILITY TO USE THIS WEBSITE NOR FOR THE RELIABILITY, VALIDITY, LEGALITY, TIMELESS AND/OR AUTHENTICITY OF THE DATA PROVIDED BY THE USERS, EVEN THOUGH THESE DAMAGES WHERE PREDICTABLE AND/OR THE EXISTENCE OF VIRUS OR OTHER HARMFUL ELEMENTS ON THE WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE, THAT MAY CAUSE DAMAGES ON THE USER'S COMPUTER NETWORK, ELECTRONIC DOCUMENTS AND FILES OR AS A RESULT OF NON PERFORMANCE OF CERTAIN SERVICES.
THIS EXEMPTION OF LIABILITY SHALL INCLUDE, BUT NOT BE LIMITED TO, DAMAGES OR LOSS RESULTING FROM THE TRANSMISSION, DISSEMINATION, HOSTING, RECEPTION, COLLECTION OR ACCESS TO THE MATERIAL THROUGHOUT THIS WEBSITE; OR ABOUT THE MATERIAL FITNESS TO SPECIFIC PURPOSE OR THE RESULTS TO BE OBTAINED FROM USING THE WEBSITE; OR ABOUT THE NON-COMPLIANCE, PARTIAL COMPLIANCE, DELAY OR TERMINATION OF THE OBLIGATION UNDERTAKEN BY THIRD PARTIES AND CONTRACTS ENTERED INTO WITH THIRD PARTIES; OR ABOUT THE SUBSTITUTION OF THE PERSONALITY BY AN USER WITH THE COMMUNICATIONS TOOLS AVAILABLE ON THIS WEBSITE.
ALCATEL-LUCENT IS NOT RESPONSIBLE FOR THE COSTS INCURRED IN THE USE OF THE WEBSITE AND THE MATERIAL AND USERS ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES TO SATISFY THEIR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT, AND MAINTAINING MEANS FOR THE RECONSTRUCTION OF LOST DATA.
Intellectual Property Rights
Trademarks, commercial names and any other distinctive sign displayed on this Website are ALCATEL-LUCENT's registered trademarks or are licensed to ALCATEL-LUCENT by third parties or are used for editorial purposes and shall not be used without ALCATEL-LUCENT's prior written authorization. Nothing contained on the Website neither its access may be construed as granting any license or right to use such trademark, commercial names or any other distinctive sign displayed on this Website, except if strictly necessary for the correct use of this Website and within the limits of those Terms and Conditions.
If you have good reasons to believe that materials in which you have intellectual property ownership rights have been copied in a way that constitutes a copyright infringement on our Website, please provide the following information to the Alcatel-Lucent Copyright Agent:
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an electronic or hard copy signature of the person authorized to act on behalf of the copyright owner;
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a description of the copyrighted work that you have good reason to believe has been infringed;
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a description as to where the copyrighted materials you believe is infringing is located on our website;
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your address, telephone number, and email address so that we may contact you;
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a certified statement by you that have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
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a statement by you, made under penalty of perjury, that the information in your notice to us is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
Alcatel-Lucent’s Copyright Agent for notice of Claims of copyright infringement on our Website or for requests for additional us of materials can be reached at:
Alcatel-Lucent
Corporate Counsel – trademarks & Copyrights
600 – 700 Mountain avenue
Murray Hill, New Jersey 07974 - USA
Indemnity, Interruption and Prohibition to Access
As a condition of use of the Website, the User agrees to indemnify ALCATEL-LUCENT and its affiliates, employees and agents for the damages (including attorneys and other representatives' fees) arising out of the violation of the Terms and Conditions of Use of this Website.
ALCATEL-LUCENT reserves the right to temporally interrupt and/or prohibit to any User the access to the Website, at any time and without prior notice, if ALCATEL-LUCENT reasonably believes that he has infringed these Terms and Conditions or violated ALCATEL-LUCENT's or any third party's rights without prejudice to ALCATEL-LUCENT right to make a claim for compensation of damages.
Use of Product Catalog - Product Availability
Product catalog that may be found at this Website is for informational or planning purposes only, and is not intended to create, modify or supplement any Alcatel-Lucent specifications or warranties relating to such products or services. Information and/or technical specifications supplied within this catalog do not waive (directly or indirectly) any rights or licenses of Alcatel-Lucent or others.
ALCATEL-LUCENT provides access to internationally used data and, therefore, may include references to products, programs, and services not currently available in your country. This does not mean that Alcatel intends to offer such product, programs and services in your country and you should consult with your Alcatel-Lucent sales representative for specific product and/or service information.
Termination of the Services offered throughout the Website
The User acknowledges that ALCATEL-LUCENT may modify Materials, temporally interrupt or terminate Services' provision in the Website, at any time and without prior notice. ALCATEL-LUCENT shall not be liable for the damages arising out of the interruption or termination of the Services.
Users acknowledge that certain provisions of those Terms and Conditions shall survive their termination, for any cause, because of their nature.
Waiver and Severability
The delay or failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. The individual exercise of any right shall neither impede its exercise in a later time nor exclude of any other rights.
If any provision of the Terms and Conditions is found by a Court of competent jurisdiction to be null, invalid or unlawful, it shall not give effect to the other clauses of the Terms and Conditions which shall remain in full force and effect.
Binding Terms and Conditions
The current Terms and Conditions in English constitute the only valid version that bounds ALCATEL-LUCENT. In case of contradiction between different translations of Terms and Conditions, the ruling version shall be the only valid and bonding.
Applicable Law and Jurisdiction
These Terms and Conditions and all claims or issues regarding the Website shall be governed by and construed in accordance with the laws of France to the exclusion of its conflict of law provisions. The application of the United nations Convention on Contracts for the International sale of Goods of April 11, 1980, shall be excluded.
In case of a dispute or difference arising out of the interpretation of or concerning these Terms and Conditions or this Website (which dispute or difference cannot be settled amicably) the User agrees to submit them to the exclusive jurisdiction of the Courts of Paris, France.
The User acknowledges that, unless otherwise stated so and to the extend permitted by the applicable law, any claims shall be brought, in accordance with this agreement, within 12 months of the first occurrence giving rise to such claims, or such claims will be forever barred.
COMPANY INFORMATION
Alcatel-Lucent France
Société Anonyme
Subscribed capital : EUR 265 364 340
Registered trade register : 338 966 385 RCS Paris
Registered office : 12 rue de la Baume 75008 Paris FRANCE