Updated: October 2010

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE, by using this Website you are agreeing to these Terms

Terms and Conditions of Use

Welcome to website is owned and designed by JCDecaux North America, Inc. (“JCDecaux”). By using the various this site (the “JCD Site”) you agree that you have read, understand and agree to be legally bound by the terms and conditions of use set forth ("Terms of Use"). If you do not agree to these Terms of Use, do not use or access the JCD Site.

JCDecaux reserves the right to amend or revise in any way, these Terms of Use, from time to time and without prior notice to you and each time you access the JCD Site you are bound by the Terms of Use of the JCD Site then specified. By continuing to use the JCD Site 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 JCD Site, you agree not to use the Content for any unlawful purposes and not to violate JCDecaux’s rights or the rights of others. JCDecaux reserves the right to object or otherwise take action against any such use. By accessing or linking to this JCD Site, you assume the risk that this JCD Site 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of the content it contains, or may in the future contain (collectively, the “Content”) may be incomplete, inaccurate, out of date, or may not meet your needs and requirements.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 may, at any moment, add, revise, remove or amend any of the Content without prior notice to you and without liability. JCDecaux assumes no obligation to update or revise the Content. JCDecaux 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 JCD Site 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. Upon termination of your access to the JCD Site, or upon demand by JCDecaux, you must destroy all materials obtained from this JCD Site 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

JCDecaux owns all right, title and interest in and to the JCD Site and all materials and content contained in the JCD Site, including, without limitation, all content, site design, logos, button icons, images, digital downloads, data compilations, text, and graphics are protected by copyright, trademark and other intellectual property laws. Any unauthorized use of the materials provided as part of the JCD Site is strictly prohibited.

JCDecaux may include public information and public content on the JCD site.  JCDecaux cannot guarantee the exactness, accuracy or exhaustiveness of the information made available on JCD Site and makes no warranty whatsoever to you, express or implied, regarding the security of the JCD Site, including with respect to the ability of unauthorized persons to intercept or access information transmitted by you through this service. The services provided by us and our third party providers are on an "AS IS" basis at your sole risk. JCDecaux expressly disclaims any implied warranty of merchantability or fitness for a particular purpose, including any warranty for the use or the results of the use of the services with respect to their correctness, quality, accuracy, completeness, reliability, performance, timeliness, or continued availability.

Nothing contained in these Terms of Use or on the JCD Site 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. 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. As a user of the JCD Site, you agree not to use the Content for any unlawful purposes and not to violate JCDecaux’s rights or the rights of others. JCDecaux reserves the right to object or otherwise take action against any such use.

Neither JCDecaux nor any of its third party providers shall have any responsibility to maintain the data and services made available on the JCD Site or to supply any corrections, updates, or releases in connection therewith. Availability of data and services are subject to change without notice.

Links

The JCD Site may, from time to time, include links towards other websites or other Internet sources. JCDecaux is providing such links solely as a convenience to you. Accordingly, JCDecaux makes no representations concerning the content of any site. The fact that JCDecaux has provided a link to a site does not constitute an endorsement, authorization, sponsorship, or affiliation by JCDecaux with respect to a Site, its owners, or its providers. JCDecaux does not verify these sites and external sources and JCDecaux cannot be held responsible for the availability of these sites and external sources, nor can they be held responsible in any way for the content, advertising, products, services, or any other material available on or from these sites or external sources. Moreover, JCDecaux may not be held responsible for any established or claimed losses or damages that follow the use of these sites or sources or that are related to having trusted the available content, goods or services on these sites or external sources.

The JCD Site and any software necessarily used in relation to the site can contain information that is confidential and protected by the intellectual property laws currently in effect or by any other law. Therefore, unless stipulated otherwise, the intellectual property rights of the documents contained within the JCD Site and each of the items created for the JCD Site are the sole property of JCDecaux, who does not grant any licenses or any rights other than the right to consult the site. In particular, the brand and other intellectual property rights mentioned on the site are the property of the JCDecaux. The reproduction of any images, pictures or documents published on the JCD site is not authorized for any other purpose and is expressly prohibited. It is also prohibited to modify the software or use modified versions thereof, especially, but not limited to, for the purposes of obtaining unauthorized access to the service and gaining access to JCD Site by means other than through the interface provided to you by JCDecaux for this purpose.

JCDecaux shall have no liability, contingent or otherwise, to you or to third parties, or any responsibility whatsoever, for the failure of any connection or communication service to provide or maintain your access to this service, or for any interruption or disruption of such access or any erroneous communication between JCDecaux and you, regardless of whether the connection or communication service is provided by JCDecaux or a third party service provider. JCDecaux shall have no liability, contingent or otherwise, to you or to third parties, for the correctness, quality, accuracy, timeliness, reliability, performance, continued availability, completeness or delays, omissions, or interruptions in the delivery of the data and services available on this Web site or for any other aspect of the performance of this service or for any failure or delay in the execution of any transactions through this service. In no event will JCDecaux be liable for any special, indirect, incidental, or consequential damages which may be incurred or experienced on account of you using the data or services made available on this Web site, even if JCDecaux has been advised of the possibility of such damages. JCDecaux will have no responsibility to inform you of any difficulties experienced by JCDecaux or third parties with respect to the use of the services or to take any action in connection therewith.

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 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 JCD Site transfer to your computer’s Web browser for storage on your computer’s hard drive. JCDecaux 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 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.

Security:

The Personal Information JCDecaux collects from visitors to the JCD 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 OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF THE INFORMATION OR MATERIALS ON THE JCD SITE, EVEN IF JCDECAUX HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES.

No Warranty Or Representation:

THE WEBSITE, ITS SOFTWARE, 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, INCLUDING INFRINGEMENT OF A THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. 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 operates the JCD Site in the United States. Content may not be appropriate or available for use in other locations, and access to the JCD Site from territories where the content of the JCD Site may be illegal is prohibited. If you access the JCD Site from other locations, you do so without the permission of JCDecaux and you are solely responsible for compliance with any laws having jurisdiction over you and your access. You may not use the JCD Site or export the Content in violation of U.S. export laws and regulations.

These Terms of Use and your use of the JCD Site 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 the JCD Site or accessing the JCD Site 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.

Unless otherwise specified, the JCD Site and material provided on the JCD Site are solely for promoting products, programs, and business operations within the United States. Content from the JCD Site may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported to a) any country to which the United States has embargoed goods or services, b) anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading Content from the JCD Site you represent and warrant that you are able to do so in full compliance with the laws of the United States and your resident country.