The Frenchtuesdays.com Web Site (collectively with any associated URLs, the "Site") is an online information service provided by Selavi Inc., subject to your compliance with the terms and conditions set forth below.
You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from this Site including text, graphics, code and/or software. You may download material from this Site for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. You may not, directly or indirectly, publish, broadcast or distribute any information on the Site (including but not limited to information from Press Association, Inc.) in any medium. You may not store all or any portion of the Site (including but not limited to information from Press Association, Inc.) in any permanent form, whether archival files, computer-readable files or any other medium.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING 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. FRENCH TUESDAYS 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. License to FRENCH TUESDAYS
By uploading files, inputting data, or engaging in any other form of communication through this service, you are granting FRENCH TUESDAYS and its affiliated entities a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to:
1. Use, copy, sub-license, adapt, transmit, retransmit, distribute and/or publicly perform or display any such communication.
2. Sub-license to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication.
You also grant to FRENCH TUESDAYS 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 FRENCH TUESDAYS for any alleged or actual infringement or misappropriation of any proprietary right in your communications to FRENCH TUESDAYS.
The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, servicemark, patent laws or the law of ideas under any relevant jurisdiction.
FRENCH TUESDAYS, FRENCH TUESDAYS.com and/or any other names of FRENCH TUESDAYS or its products, content or services referenced herein or on the Site are the exclusive trademarks or servicemarks of SELAVI Inc. Other product and company names mentioned in the Site may be the trademarks of their respective owners.
You understand that, except for information, products or services clearly identified as being supplied by FRENCH TUESDAYS, FRENCH TUESDAYS does not operate, control or endorse any information, products or services on the Internet in any way. Except for FRENCH TUESDAYS- 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 FRENCH TUESDAYS. You also understand that FRENCH TUESDAYS 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.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. FRENCH TUESDAYS PROVIDE 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 NON-INFRINGEMENT, 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 FRENCH TUESDAYS 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. FRENCH TUESDAYS DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE INTERNET CONTAINS UNEDITED MATERIALS, SOME OF WHICH SHOW VIOLENT, GRAPHIC OR SEXUALLY EXPLICIT SCENES OR MAY OTHERWISE BE OFFENSIVE TO YOU. YOU ACCESS SUCH MATERIALS AT YOUR RISK. FRENCH TUESDAYS HAVE NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
4. Limitation Of Liability
IN NO EVENT WILL FRENCH TUESDAYS 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 FRENCH TUESDAYS 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 STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, FRENCH TUESDAYS' LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
FRENCH TUESDAYS make no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-FRENCH TUESDAYS web site, please understand that it is independent from FRENCH TUESDAYS, and that FRENCH TUESDAYS have no control over the content on that web site. In addition, a link to a FRENCH TUESDAYS web site does not mean that FRENCH TUESDAYS endorse or accept any responsibility for the content, or the use, of such web site.
FRENCH TUESDAYS shall not be liable in any way to any person or organization who may receive information in FRENCH TUESDAYS or to any other person whatsoever, for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damage arising therefrom or occasioned thereby; and in no event, shall FRENCH TUESDAYS be liable for any direct, consequential, punitive, special or any other damages arising in any way from the availability of the Site regardless of the form of action, whether contract or tort.
Either you or FRENCH TUESDAYS may terminate this Agreement at any time. Without limiting the foregoing, FRENCH TUESDAYS shall have the right to immediately terminate any account in the event of any conduct by you which FRENCH TUESDAYS, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement. The provisions of Sections 7 and this Section 6 shall survive termination of this Agreement.
You agree to defend, indemnify and hold harmless FRENCH TUESDAYS, its parents, affiliates, licensees and their respective directors, officers, employees and agents from and against all liabilities, claims, damages, and expenses, including attorneys' fees, arising out of your use of the Site or attendance at any activities organized by FRENCH TUESDAYS themselves or its members for FRENCH TUESDAYS community or your violation or alleged violation of the terms of this Agreement.
7. Third Party Rights
The provisions of paragraphs 2 (Use of the Service), and 7 (Indemnification) are for the benefit of FRENCH TUESDAYS and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these inpiduals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
8. Digital Copyright Act
On Oct. 28, 1998, President Clinton signed into law the Digital Millennium Copyright Act, Pub. L. 105-304 (1998). Title II of the Act (subtitled the "Online Copyright Infringement Liability Limitation Act") amended chapter 5 of the copyright law, title 17 United States Code, to provide limitations for service provider liability relating to material online.
Pursuant to the Act, SELAVI, Inc.'s Designated Agent to Receive Notification of Claimed Infringement is:
Phone: (212) 840-6078
E-mail: [email protected]
9. No Partnership/No Authority.
The French TUESDAYS chapters are independent of one another, and nothing is deemed to place them in the relationship of employer-employee, principal-agent, partners or joint ventures nor shall any other parties be deemed or hold himself/herself out to be an officer of Selavi Inc. In addition to Pierre Battu nobody shall enter into any contracts on behalf of or binding on SELAVI, Inc.
This agreement shall be governed by and construed in accordance with the laws of the State of New York without giving effect to any principles or conflicts of law. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. FRENCH TUESDAYS may assign its rights and duties under this Agreement to any party at any time without notice to you.