| AES International |
| 17-21 Wyfold Road |
| London |
| SW6 6SE |
| T: +44 (0) 203 051 7999 |
| E:
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Website User Agreement
Please read this document carefully before accessing
or using the AES website, hereforth referred to as "the
site".
By accessing or using the site, you agree to be bound
by the terms and conditions set forth below. If you
do not wish to be bound by these terms and conditions,
you may not access or use the site and should immediately
cease such use. AES may modify this agreement at any
time, and such modifications shall be effective immediately
upon posting of the modified agreement on the site.
You agree to review the agreement periodically to be
aware of such modifications and your continued access
or use of the site shall be deemed your conclusive
acceptance of the modified agreement.
1. Copyright, Licenses and Idea Submissions
Domestic and International copyright and trademark
laws protect the entire contents of the Site. The owners
of the intellectual property, copyrights and trademarks
is AES, its affiliates or other third party licensors.
You may not modify, copy, reproduce, republish, upload,
post, transmit, or distribute, in any manner, the material
on the site, including text, graphics, code and/or
software.
You may print and download portions of material from
the different areas of the Site solely for your own
non-commercial use provided that you agree not to change
or delete any copyright or proprietary notices from
the materials. You agree to grant to AES a non-exclusive,
royalty-free, worldwide, sub licensable, perpetual
license, with the right to sub-license, to reproduce,
distribute, transmit, create derivative works of, publicly
display and publicly perform any materials and other
information (including, without limitation, ideas contained
therein for new or improved products and services)
you submit to any public areas of the Site (such as
bulletin boards, forums and newsgroups) or by e-mail
to AES by all means and in any media now known or hereafter
developed. You also grant to AES the right to use your
name in connection with the submitted materials and
other information as well as in connection with all
advertising, marketing and promotional material related
thereto. You agree that you shall have no recourse
against AES for any alleged or actual infringement
or misappropriation of any proprietary right in your
communications to AES.
2. Trademarks
The name AES and/or any other names belonging to AES,
or its Web sites, seminars, conferences, events, trade
shows, publications, products, content or services
referenced herein or on the Site are the exclusive
trademarks or service marks of AES, including the "look" and "feel" of
the Site, color combinations, layout, and all other
graphical elements. Any use of AES trademarks is strictly
prohibited without the express permission from AES.
Other product and company names mentioned in the Site
may be the trademarks of their respective owners.
3.
Use of the Site
You understand that, except for information, products
or services clearly identified as being supplied by
AES, AES does not operate, control or endorse any information,
products or services on the Internet in any way. Except
for AES identified information, products or services,
all information, products and services offered through
the Site or on the Internet generally are offered by
third parties that are not affiliated with AES. You
also understand that AES cannot and does not guarantee
or warrant that files available for downloading through
the Site will be free of infection or viruses, worms,
Trojan horses or other code that manifest contaminating
or destructive properties. You are responsible for
implementing sufficient procedures and checkpoints
to satisfy your particular requirements for accuracy
of data input and output, and for maintaining a means
external to the Site for the reconstruction of any
lost data.
AES offers a search feature within the Site. AES explicitly
disclaims any responsibility for the content or availability
of information contained in our search index or directory.
AES also disclaims any responsibility for the completeness
or accuracy of any directory or search result.
In connection with your use of the Site, you agree
you will not:
a) Transmit any message, information, data, text, software
or images, or other content ("Material")
that is unlawful, harmful, threatening, abusive, harassing,
tortious, defamatory, vulgar, obscene, libelous, or
otherwise objectionable that may invade another's right
of privacy or publicity;
b) Impersonate any person or entity, including but
not limited to, an AES official, forum leader, guide
or host or falsely state or otherwise misrepresent
your affiliation with a person or entity;
c) Post or transmit any Material that you do not have
a right to reproduce, display or transmit under any
law or under contractual or fiduciary relationships
(such as nondisclosure agreements);
d) Post or transmit any Material that contains a virus
or corrupted data;
e) Delete any author attributions, legal notices or
proprietary designations or labels that you upload
to any communication feature;
f) Use the Site's communication features in a manner
that adversely affects the availability of its resources
to other users (e.g., excessive shouting, use of all
caps, or flooding continuous posting of repetitive
text);
g) Post or transmit any unsolicited advertising, promotional
materials, "junk mail", "spam," "chain
letters," "pyramid schemes" or any other
form of solicitation or any non-resume information
such as opinions or notices, commercial or otherwise;
h) Violate any applicable local, state, national or
international law;
i) Upload or transmit any Material that infringes any
patent, trademark, trade secret, copyright or other
proprietary rights of any party;
j) Delete or revise any Material posted by any other
person or entity;
k) Manipulate or otherwise display the Site by using
framing or similar navigational technology, or
l) Register, subscribe, attempt to register, attempt
to subscribe, unsubscribe, or attempt to unsubscribe,
any party for any AES product or service if you are
not expressly authorized by such party to do so.
You assume total responsibility and risk for your use
of the site and the internet. AES provides the site
and related information "as is" and does
not make any express or implied warranties, representations
or endorsements whatsoever (including without limitation
warranties of title or noninfringement, or the implied
warranties of merchantability or fitness for a particular
purpose) with regard to the service, any merchandise
information or service provided through the service
or on the internet generally, and AES shall not be
liable for any cost or damage arising either directly
or indirectly from any such transaction. It is solely
your responsibility to evaluate the accuracy, completeness
and usefulness of all opinions, advice, services, merchandise
and other information provided through the service
or on the internet generally. You understand further
that the internet contains unedited materials some
of which are sexually explicit or may be offensive
to you. You access such materials at your risk. AES
has no control over and accepts no responsibility whatsoever
for such materials.
Limitation of liability
In no event will AES be liable for (i) any incidental,
consequential, or indirect damages (including, but
not limited to, damages for loss of profits, business
interruption, loss of programs or information, and
the like) arising out of the use of or inability to
use the service, or any information, or transactions
provided on the service, or downloaded from the service,
or any delay of such information or service. Even if
AES or its authorized representatives have been advised
of the possibility of such damages, or (ii) any claim
attributable to errors, omissions, or other inaccuracies
in the service and/or materials or information downloaded
through the service. Because some countries do not
allow the exclusion or limitation of liability for
consequential or incidental damages, the above limitation
may not apply to you. In such countries, AES liability
is limited to the greatest extent permitted by law.
4.
Equipment
You shall be responsible for obtaining and maintaining
all telephone, computer hardware and other equipment
needed for access to and use of the Site and all charges
related thereto.
5. Indemnification and Reservation
of Rights
You agree to indemnify, defend and hold harmless AES,
its officers, directors, employees, agents, licensors,
suppliers and any third party information providers
to the Site from and against all losses, expenses,
damages and costs, including attorneys' fees, resulting
from any violation of this Agreement (including negligent
or wrongful conduct) by you or your use and access
of the Site.
AES reserves the right to release current or past member
or Web site user information if AES believes that a
member's account is being used to commit unlawful acts,
if the information is subpoenaed and/or if AES deems
it necessary and/or appropriate.
6. Third Party Rights
The provisions of paragraphs 3 (Use of the Site), and
5 (Indemnification) are for the benefit of AES and
its officers, directors, employees, agents, licensors,
suppliers, and any third party information providers
to the Site. Each of these individuals or entities
shall have the right to assert and enforce those provisions
directly against you on its own behalf.
7. Term; Termination
Either party without notice may terminate this Agreement
at any time for any reason. The provisions of paragraphs
1 (Copyright, Licenses and Idea Submissions), 3 (Use
of the Site), 5 (Indemnification), 6 (Third Party Rights)
and 11 (Miscellaneous) shall survive any termination
of this Agreement.
8. Special Admonitions for International
Use
Recognizing the global nature of the Internet, you
agree to comply with all local rules including, without
limitation, rules about the Internet, data, e-mail,
or privacy. Specifically, you agree to comply with
all applicable laws regarding the transmission of technical
data exported from the United Kingdom or the country
in which you reside.
9. Dealings with Third Parties
Your participation, correspondence or business dealings
with any third party found on or through the Site,
regarding the payment and delivery of related goods
or services, and any other terms, conditions, warranties
or representations associated with such dealings, are
solely between you and such third party. You agree
that AES shall not be responsible or liable for any
loss, damage or other matters of any sort incurred
as the result of any such dealings.
10. Links
The Site may provide, or third parties may provide,
links to non-AES Internet World Wide Web sites or resources.
Because AES has no control over such sites and resources,
you acknowledge and agree that AES is not responsible
for the availability of such external sites or resources,
and does not endorse and is not responsible or liable
for any content, advertising, products, or other materials
on or available from such sites or resources. You further
acknowledge and agree that AES shall not be responsible
or liable, directly or indirectly, for any damage or
loss caused or alleged to be caused by or in connection
with use of or reliance on any such content, goods
or services available on or through any such site or
resource.
11. Miscellaneous
Any cause of action or claim you may have with respect
to the Site must be commenced within one (1) year after
the claim or cause of action arises or such claim or
cause of action is barred. AES failure to insist upon
or enforce strict performance of any provision of this
Agreement shall not be construed as a waiver of any
provision or right. Neither the course of conduct between
the parties nor trade practice shall act to modify
any provision of this Agreement. AES may assign its
rights and duties under this Agreement to any party
at any time without notice to you.
Any rights not expressly granted herein are reserved.
Some of the information on this Web site may contain
projections or other forward-looking statements regarding
future events or the future financial performance of
AES. We wish to caution you that these statements are
only predictions and that the actual events or results
may differ materially.