Terms and Conditions

Effective date: June 1, 2016

 

Welcome to JCDecaux North America! These Terms and Conditions apply to the use of the website located at www.jcdecauxna.com ("Site") which is owned and operated by JCDecaux North America, Inc. (“JCDecaux”, "we", "us", or "our").

 

Please read these Terms and Conditions carefully before using or obtaining any content, product or services through our Site (defined below).

 

By accessing, using, or obtaining any content, product, or services through the Service (defined below), you agree to be bound by these Terms and Conditions (“Terms”), our Privacy Notice, and any other legal terms or policies that may be displayed on the Site (collectively “Legal Terms”).

 

>> If you do not accept all of these Legal Terms, you are not authorized to use the Service.

 

You should visit this page from time to time to review the then-current Terms because they are legally binding on you. We may change, revise, or add to these Terms at any time by updating this posting. Unless otherwise stated, all changes will be effective immediately upon posting of the revised Terms, and will apply to all access to, and use of, the Service thereafter. Your continued use of the Service following the posting of conspicuous notice of any modification will indicate that you have agreed to be bound by those Terms.

 

>> Your use of the Service will be subject to the Legal Terms in effect at the time of use.

 

1. Definitions
 

In this document, terms that commence with a capital letter are defined in this section, in the preamble, and elsewhere in the document.

 

“Content” means the text, documents, information, data, articles, images, photographs, graphics, Marks, software, applications, video recordings, audio recordings, sounds, designs, features, and other materials that are available on the Service.

 

“Marks” means trademark, trade name, service mark, trade dress, logo, custom graphics, or icon.

 

“Service” means the Site, Content, and other products and services provided by Company.

 

“Site” means the Site located at www.jcdecauxna.com.

 

“User”, “you”, or “your” refers to visitor or user of the Site.

 

2. General Terms
 

Condition of Use
 

As a condition of your use of the Service, you warrant that:

  • You are at least 18 years of age;
  • You possess the legal authority to create a binding legal obligation;
  • You will use the Service in accordance with the Legal Terms;
  • You will only use the Service in accordance with applicable laws; and
  • All information that you will supply to the Service will be true, accurate, current, and complete. 

Modifications to the Service
 

JCDecaux reserves the right to withdraw or amend the Service in its sole discretion and without prior notice. We will not be liable if, for any reason, all or any part of the Service is unavailable at any time or for any period.

Errors, Inaccuracies, and Omissions
 

The Site may contain typographical errors, inaccuracies, or omissions. We reserve the right, at any time without prior notice, to correct any errors, inaccuracies or omissions, and to change or update information if any Content on the Site is inaccurate.

Termination
 

The Service is provided free of charge to you. JCDecaux reserves the right to suspend or terminate the operation of, or access to, any part of the Service at any time in its sole discretion. In addition, we reserve the right to suspend or terminate your individual access to, and use of any part of the Service at any time in our sole discretion.


Survival of Terms
 

The disclaimer of warranties, the limitation of liabilities, and the governing law and applicable law provisions will survive any termination.

 

3. Privacy
 

Our Privacy Notice explains how we treat our users’ personal information. Your use of the Service is subject to our Privacy Notice.

 

4. Prohibited Uses
 

You may use the Site only for lawful purposes and in accordance with the Legal Terms. In addition to the other prohibitions set forth in the Legal Terms, you are prohibited from using this Site or its Content to infringe upon or violate JCDecaux’s intellectual property rights or the intellectual property rights of others; or in any manner that could affect the functionality or the operation of the Service. You are also prohibited from using any manual or automated process to monitor or copy any of the Content on the Site without our prior written consent; and from attacking the Site via a denial-of-service attack or a distributed denial-of-service attack.

 

5. Intellectual Property Rights


Ownership Rights
 

JCDecaux and its licensors own all right, title and interest in the Service and in all related US and foreign copyright, trademark, patent, trade secret and other intellectual property rights.

 

License

 

Subject to your compliance with the Legal Terms, JCDecaux grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable license to access and use the Service only for your personal use and not for any commercial purpose. We reserve all rights not expressly granted.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, or transmit any of, the Service. You must not delete or alter any copyright, trademark and/or other proprietary rights notices displayed on the Service.

If you wish to use any part of the Service other than as set out in the Legal Terms, please address your request to us as indicated in the How to Contact Us section.

If you violate the Legal Terms, your license to use the Service will cease immediately and you will be required, at our discretion and at your cost, to return or destroy any copies of the Content that you have made.

 

6. Trademarks

 

The Marks that are displayed on the Service are registered or unregistered Marks of JCDecaux, its affiliates or licensors. You may not use such Marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners and are subject to their respective trademark policies.

 

7. Communications by Us
 

Electronic Communications, Agreements, Notices, and Disclosures

You agree that all agreements, notices, disclosures, and other communications that we send to you electronically will satisfy any requirement that such communication be in writing and, to the extent intended, such communication will be an enforceable and binding term or amendment to this agreement.

 

Commercial Communications

 

We may send you commercial communications, such as e-mail newsletters, notice of new products or services, offers, etc. You may opt out of receiving these types of communications by selecting the "opt out" or "unsubscribe" link in the respective e-mail, or by contacting us as indicated in the How to Contact Us section.

 

8. Third Party Links and Third Party Websites

 

The Site contains links to third party websites, which operate under different legal terms and privacy notices. We encourage you to read the legal terms and privacy notices for each such website. These other terms and notices will apply to you when you use these third party website or services. JCDecaux has no control over such third party websites.

 

We are not responsible or liable, directly or indirectly, for any damage caused or alleged to be caused by or in connection with use of, or reliance on any such content available on or through any such website.

 

9. Disclaimer of Warranties

 

YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. EXCEPT AS OTHERWISE PROVIDED, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

NEITHER JCDECAUX NOR ANY OF ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS OR BUSINESS PARTNERS (COLLECTIVELY "COMPANY ASSOCIATES") MAKES ANY WARRANTY OR REPRESENTATION THAT THE SERVICE WILL BE ACCURATE, COMPLETE, RELIABLE, AVAILABLE, SECURE, ERROR-FREE OR UNINTERRUPTED, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR WILL MEET YOUR NEEDS OR EXPECTATIONS OR THAT DEFECTS WILL BE CORRECTED.


SOME STATES DO NOT ALLOW LIMITATION OF IMPLIED WARRANTIES. CONSEQUENTLY, SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, JCDECAUX'S AND COMPANY ASSOCIATES’ WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

 

10. Limitation of Liability

 

JCDECAUX, COMPANY ASSOCIATES, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUS OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OR DOWNLOADING OF ANY PART OF THE SERVICE OR ITEMS OBTAINED THROUGH THE SERVICE, OR LINKED TO THE SITE.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, JCDECAUX'S AND COMPANY ASSOCIATES’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, AND JCDECAUX'S AND COMPANY ASSOCIATES’ TOTAL LIABILITY IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SITE AND ANY LOSS OR DAMAGE RESULTING THEREFROM WILL NOT EXCEED $50.00. (U.S. DOLLARS) IN THE AGGREGATE.

 

11. Indemnification

 

You agree to defend, indemnify and hold harmless JCDecaux and Company Associates, and their respective employees, agents, officers and directors, and their successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of the Legal Terms or your use of the Service.

 

12. Force Majeure

 

JCDecaux will not be held liable for any delay or failure in performance due in whole or in part to any acts of nature, forces, or causes beyond its reasonable control.

 

13. Dispute Resolution

 

Informal Dispute Resolution

 

We want to address your concerns without needing a formal legal proceeding. Before filing a claim against JCDecaux, you agree to try to informally resolve the dispute by contacting us as indicated in the “How to Contact Us” below. We will try to resolve the dispute informally by contacting you through email. If a dispute is not resolved informally within sixty (60) days after submission, you or we may bring a formal legal proceeding.

 

Use of Arbitration

 

You agree that any dispute between you and JCDecaux arising out of or relating to the Service will be arbitrated by JAMS arbitration services. The arbitrator will use the applicable JAMS arbitration rules unless a different set of rules are agreed upon. An arbitrator may award, on an individual basis, any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees.

 

Limitation on Claims

 

Regardless of any statute or law to the contrary, any cause of action or claim arising out of or relating to the Legal Terms or the Service must be filed within one (1) year after such claim or cause of action accrues, otherwise, such cause of action or claim is permanently barred.

 

14. Miscellaneous Terms

 

Governing Law

 

All matters relating to the Service or Legal Terms will be governed by and construed in accordance with the Federal Arbitration Act, applicable federal law, and laws of the State of New York without regard to its conflict of law principles.

 

Entire Agreement

 

The Legal Terms constitute the sole and entire agreement between you and JCDecaux with respect to the Service and any item purchased through the Service and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Service. Any ambiguities in the interpretation of the Legal Terms will not be construed against the drafting party.

 

Waiver

 

If any provision of the Legal Terms is determined to be unlawful, invalid or unenforceable, such provision will be deemed amended to achieve an economic effect that is as near as possible to that provided by the original provision, and enforced to the fullest extent permitted by applicable law. Such determination will not affect the validity and enforceability of any other remaining provisions.

 

Responding to Legal Process

 

We may respond to and comply with any subpoena, warrant or other legal order issued by a court having jurisdiction over us (“Legal Process”) that we believe to be valid. JCDecaux is not responsible for any direct or indirect losses that you may incur as a result of our complying with Legal Process.

 

Section Titles and Numbering

 

Section titles and numbering used in these Terms are solely for convenience. They have no legal or contractual significance.

 

15. How to Contact Us

 

This Site is operated by JCDecaux North America, Inc.

All feedback, comments, questions, complaints, requests for service, request for support, and other communications relating to the Service should be directed to:

 

Contact us via our website, or by mail at 3 Park Avenue, 33rd Floor, New York, New York 10016 attn: General Counsel.