LUXEMBOURG
AGREEMENT BETWEEN USER AND HT GROUP SA
The HT Group Web Site is comprised of various
Web pages operated by HT Group SA and its subsidiaries.
The HT Group Web Site is offered
to you conditional on your acceptance without modification of the terms, conditions,
and notices contained herein. Your use of the HT Group Web Site constitutes your
agreement to all such terms, conditions, and notices.
MODIFICATION OF THESE TERMS
OF USE
HT Group reserves the right to change the terms, conditions, and notices under
which the HT Group Web Site is offered, including but not limited to the charges
associated with the use of the HT Group Web Site.
LINKS TO THIRD PARTY SITES
The HT
Group Web Site may contain links to other Web Sites ("Linked Sites"). The Linked
Sites are not under the control of HT Group and HT Group is not responsible for the
contents of any Linked Site, including without limitation any link contained in a
Linked Site, or any changes or updates to a Linked Site. HT Group is not responsible
for webcasting or any other form of transmission received from any Linked Site. HT
Group is providing these links to you only as a convenience, and the inclusion of
any link does not imply endorsement by HT Group of the site or any association with
its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the HT Group
Web Site, you warrant to HT Group that you will not use the HT Group Web Site for
any purpose that is unlawful or prohibited by these terms, conditions, and notices.
You may not use the HT Group Web Site in any manner which could damage, disable,
overburden, or impair the HT Group Web Site or interfere with any other party's use
and enjoyment of the HT Group Web Site. You may not obtain or attempt to obtain any
materials or information through any means not intentionally made available or provided
for through the HT Group Web Sites.
USE OF COMMUNICATION SERVICES
The HT Group Web
Site may contain bulletin board services, chat areas, news groups, forums, communities,
personal web pages, calendars, and/or other message or communication facilities designed
to enable you to communicate with the public at large or with a group (collectively,
"Communication Services"), you agree to use the Communication Services only to post,
send and receive messages and material that are proper and related to the particular
Communication Service. By way of example, and not as a limitation, you agree that
when using a Communication Service, you will not:
· Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
· Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
· Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
· Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
· Conduct or forward surveys, contests, pyramid schemes or chain letters.
· Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
· Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
· Restrict or inhibit any other user from using and enjoying the Communication Services.
· Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
· Harvest or otherwise collect information about others, including e-
· Violate any applicable laws or regulations.
HT Group has no obligation to monitor the Communication Services. However, HT Group
reserves the right to review materials posted to a Communication Service and to remove
any materials in its sole discretion. HT Group reserves the right to terminate your
access to any or all of the Communication Services at any time without notice for
any reason whatsoever.
HT Group reserves the right at all times to disclose any information
as necessary to satisfy any applicable law, regulation, legal process or governmental
request, or to edit, refuse to post or to remove any information or materials, in
whole or in part, in HT Group's sole discretion.
Always use caution when giving out
any personally identifying information about yourself or your children in any Communication
Service. HT Group does not control or endorse the content, messages or information
found in any Communication Service and, therefore, HT Group specifically disclaims
any liability with regard to the Communication Services and any actions resulting
from your participation in any Communication Service. Managers and hosts are not
authorized HT Group spokespersons, and their views do not necessarily reflect those
of HT Group.
Materials uploaded to a Communication Service may be subject to posted
limitations on usage, reproduction and/or dissemination. You are responsible for
adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO
HT Group OR POSTED ON ANY HT Group WEB SITE
HT Group does not claim ownership of the
materials you provide to HT Group (including feedback and suggestions) or post, upload,
input or submit to any HT Group Web Site or its associated services (collectively
"Submissions"). However, by posting, uploading, inputting, providing or submitting
your Submission you are granting HT Group, its affiliated companies and necessary
sub-
No
compensation will be paid with respect to the use of your Submission, as provided
herein. HT Group is under no obligation to post or use any Submission you may provide
and may remove any Submission at any time in HT Group's sole discretion.
By posting,
uploading, inputting, providing or submitting your Submission you warrant and represent
that you own or otherwise control all of the rights to your Submission as described
in this section including, without limitation, all the rights necessary for you to
provide, post, upload, input or submit the Submissions.
LIABILITY DISCLAIMER
THE INFORMATION,
SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE HT Group WEB
SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED
TO THE INFORMATION HEREIN. HT Group AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR
CHANGES IN THE HT Group WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE HT Group WEB
SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS
AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO
YOUR SITUATION.
HT Group AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY,
RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE HT Group WEB SITE FOR ANY
PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY
OR CONDITION OF ANY KIND. HT Group AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES
AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-
TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HT Group AND/OR ITS SUPPLIERS BE LIABLE
FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR
ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA
OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF
THE HT Group WEB SITE, WITH THE DELAY OR INABILITY TO USE THE HT Group WEB SITE OR
RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE HT Group WEB
SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE HT Group WEB SITE, WHETHER BASED
ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF HT Group OR
ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED
WITH ANY PORTION OF THE HT Group WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR
SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE HT Group WEB SITE.
SERVICE CONTACT
: fredt@htgroup.lu
TERMINATION/ACCESS RESTRICTION
HT Group reserves the right, in its
sole discretion, to terminate your access to the HT Group Web Site and the related
services or any portion thereof at any time, without notice.
GENERAL To the maximum extent permitted by law, this agreement is governed by the
laws of Luxembourg and you hereby consent to the exclusive jurisdiction and venue
of courts in Luxembourg in all disputes arising out of or relating to the use of
the HT Group Web Site. Use of the HT Group Web Site is unauthorized in any jurisdiction
that does not give effect to all provisions of these terms and conditions, including
without limitation this paragraph. You agree that no joint venture, partnership,
employment, or agency relationship exists between you and HT Group as a result of
this agreement or use of the HT Group Web Site. HT Group's performance of this agreement
is subject to existing laws and legal process, and nothing contained in this agreement
is in derogation of HT Group's right to comply with governmental, court and law enforcement
requests or requirements relating to your use of the HT Group Web Site or information
provided to or gathered by HT Group with respect to such use. If any part of this
agreement is determined to be invalid or unenforceable pursuant to applicable law
including, but not limited to, the warranty disclaimers and liability limitations
set forth above, then the invalid or unenforceable provision will be deemed superseded
by a valid, enforceable provision that most closely matches the intent of the original
provision and the remainder of the agreement shall continue in effect. Unless otherwise
specified herein, this agreement constitutes the entire agreement between the user
and HT Group with respect to the HT Group Web Site and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral or written,
between the user and HT Group with respect to the HT Group Web Site. A printed version
of this agreement and of any notice given in electronic form shall be admissible
in judicial or administrative proceedings based upon or relating to this agreement
to the same extent an d subject to the same conditions as other business documents
and records originally generated and maintained in printed form. It is the express
wish to the parties that this agreement and all related documents be drawn up in
English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the HT Group Web Site are:
Copyright 2010 by HT Group S.A. and/or its suppliers. All rights reserved.
TRADEMARKS
The
names of actual companies and products mentioned herein may be the trademarks of
their respective owners.
The example companies, organizations, products, people and
events depicted herein are fictitious. No association with any real company, organization,
product, person, or event is intended or should be inferred.
Any rights not expressly
granted herein are reserved.
TERMS OF USE