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Last updated: January 28, 2008
Please carefully review these terms and conditions before using the site. By accessing or using the site, a service of France Telecom, you acknowledge that you have read, understood and accept these terms and conditions.
The site is not intended for use by individuals under 13 years of age. If you are under 13 years of age, you may not use the site.
Ownership
All content in the site is a collective work owned by France Telecom and is protected by U.S. and international copyright laws. Copyright 2005 France Telecom. All rights reserved. All elements comprising the site, including without limitation, the text, site design, logos, graphics, icons and images, but excluding User Content (as defined below), as well as the selection, assembly and arrangement thereof (which selection, assembly and arrangement thereof includes User Content) are the sole property of France Telecom or its licensors, and are protected by U.S. and international copyright laws. All software used in the site is the property of France Telecom or its licensors, and such software is also protected by U.S. and international copyright laws. Permission is granted to electronically display and electronically copy and print hard copy portions of the site for your own personal, non-commercial use. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance of any content of the site is strictly prohibited.
User Content
All photos, images and other content uploaded to the site by users (“User Content”) remain the property of their respective owners. You hereby grant France Telecom a non-exclusive, worldwide, royalty-free, sublicenseable right and license to use, publish, copy, modify, transmit, display and distribute User Content supplied by you in connection with the site and the services available on the site. You waive any moral rights, droit de suite or similar rights, which you have (if any) in connection with such User Content. You irrevocably grant France Telecom and users of the site the right to display and copy and print hard copies of such User Content.
You agree not to use the site or any products or services available on the site for any purpose that is unlawful or prohibited by these terms and conditions. You agree not to post or submit to the site any User Content or other material that (a) infringes the copyright, trademark, trade secret or other proprietary rights of others; (b) violates the privacy or publicity rights or other personal rights of others; (c) is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another party; or (d) impersonates another person.
You further agree not to submit any User Content or other materials that contain viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information. You may not attempt to gain unauthorized access to the site or any products or services available on the site, other accounts, computer systems or networks connected to the site through hacking, password mining, the impersonation of others, the unauthorized use of another's user name, password or other information, or any other means. You agree not to use any robot, spider, other automatic device, or manual process to monitor or copy pages of the site or the content contained herein without France Telecom's express prior written permission. You agree not to use any latitude and longitude coordinates (geocodes) assigned to locations by operation of the site for any other purpose. You agree that all identifying information submitted to the site (including without limitation your name and email address) will be complete, accurate and truthful.
France Telecom has the right, but not the obligation, to monitor, edit or remove any content from the site that, in its sole discretion, is unacceptable, undesirable, inappropriate or in violation of these terms and conditions.
THE SITE, ITS CONTENTS AND THE PRODUCTS AND SERVICES AVAILABLE ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND. France Telecom EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SITE, ITS USES AND THE PRODUCTS AND SERVICES OFFERED ON THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY AND FREEDOM FROM COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. Some states do not allow the disclaimer or limitation of warranties, so the disclaimers set forth above may not apply to you.
IN NO EVENT SHALL France Telecom, ITS SUBSIDIARIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, REPRESENTATIVES, SUPPLIERS OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES EVEN IF MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE SITE AND/OR ANY MATERIALS, PRODUCTS OR SERVICES AVAILABLE AT THE SITE. Some states do not allow the disclaimer or limitation of damages, so the disclaimers set forth above may not apply to you.
France Telecom may provide links to websites operated by third parties. France Telecom makes no representations whatsoever about any third party websites that you may access through the site. France Telecom is not responsible for the privacy practices, content or operation of such websites. France Telecom prohibits the framing of any materials available through the site. France Telecom reserves the right to disable any unauthorized frames and specifically disclaims any responsibility for the contents of any other websites linked to the site. You may not use the site or any services available at the site on or in connection with any other website.
By sending France Telecom any ideas, comments, suggestions, questions or other material, you grant France Telecom an unrestricted, royalty-free, worldwide, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute such material in any manner, including in connection with France Telecom's business, and you also agree that France Telecom is free to use any ideas, concepts, know-how or techniques that you send France Telecom for any purpose.
You agree that no comments or other information submitted by you to France Telecom will violate any personal or proprietary right of any third party (including, without limitation, copyright and trademark rights). You agree that no comments or other information submitted by you to France Telecom will be libellous, obscene, harassing, abusive or otherwise unlawful and that you shall remain solely liable for the contents of any comments or other information submitted by you to France Telecom.
Please review France Telecom's Privacy Policy for information on France Telecom's privacy practices with respect to the site.
You agree to indemnify, defend, and hold harmless France Telecom, its subsidiaries and their respective officers, directors, employees, agents, shareholders, representatives, suppliers and content and service providers from and against all losses, expenses, damages and costs, including reasonable attorneys fees, resulting from any violation of these terms and conditions or any activity related to your account with France Telecom (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account, France Telecom site user name or account password.
Use of the site shall be governed by the laws of the State of California without regard to its choice of law principles. You agree to submit to the personal jurisdiction of the state and federal courts located in County of San Mateo, California with respect to any legal proceedings arising out of these terms and conditions or your use of the France Telecom site. Any cause of action or claim you may have with respect to the France Telecom site (including without limitation your purchase of France Telecom products) must be commenced within one (1) year after the cause of action or claim arises.
This site is in beta stage testing at this time and is being offered solely as a market trial. France Telecom reserves the right to change or discontinue, temporarily or permanently, the site, and those products and services available at the site, including but not limited to revising and/or deleting features or other information without prior notice to you. You agree that France Telecom shall not be liable to you for any modification, suspension, discontinuance or deletion of the site, any elements comprising the site or any products or services available on the site (including without limitation, deletion of any User Content). France Telecom reserves the right, at its sole discretion, immediately and without notice to you, to suspend or terminate your account and/or your ability to access the site and the products and services available on the site, for any reason.
If you believe that your work has been copied and is accessible on the site in a way that constitutes copyright infringement, please provide the following information in writing to France Telecom's Copyright Agent named below:
(1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(2) a description of the copyrighted work that you claim has been infringed;
(3) a description of where the material that you claim is infringing is located on the site;
(4) your address, telephone number and email address;
(5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
(6) a statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
France Telecom's Copyright Agent for notice of claims of copyright infringement can be reached at: 801 Gateway Boulevard, Suite #500, Attn: Copyright Agent, South San Francisco, CA 94080. France Telecom's Copyright Agent can also be reached by facsimile at (650) 875-1505 or by email at CopyrightAgent@newslens.com, sent, in each instance, to the attention of Copyright Agent.
France Telecom reserves the right to change, alter or modify these terms and conditions for any reason at any time. When France Telecom does so, changes in these terms and conditions will be posted on the site and will be effective immediately and binding on you from the date of posting. If you visit regularly, please check these terms and conditions on a regular basis.
If you have any questions about these terms and conditions, please contact us.
Postal contact:
801 Gateway Boulevard, Suite #500,
Attn: Website Terms and Conditions,
South San Francisco, CA 94080
Email contact: support@newslens.com
Fax contact: +1 (650) 875-1505
