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HAVALIGHT - Terms of Use
The Havalight.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. HAVALIGHT 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 HAVALIGHT
By uploading files, inputting data, or engaging in any other form of communication through this service, you are
granting HAVALIGHT and its affiliated entities a royalty-free, perpetual, non-exclusive, unrestricted, worldwide
license to:
- Use, copy, sub-license, adapt, transmit, retransmit, distribute and/or publicly perform or display any such
communication.
- 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 HAVALIGHT 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 HAVALIGHT for any alleged or actual infringement or
misappropriation of any proprietary right in your communications to HAVALIGHT. 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.
2. Trademarks
HAVALIGHT, HAVALIGHT.com and/or any other names of HAVALIGHT 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.
Disclaimer
You understand that, except for information, products or services clearly identified as being supplied by
HAVALIGHT, HAVALIGHT does not operate, control or endorse any information, products or services on the
Internet in any way. Except for HAVALIGHT- 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 HAVALIGHT. You also understand that HAVALIGHT 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.
HAVALIGHT 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 HAVALIGHT 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. HAVALIGHT 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. HAVALIGHT HAVE NO CONTROL OVER AND ACCEPTS NO
RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
4. Limitation Of Liability
IN NO EVENT WILL HAVALIGHT 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
HAVALIGHT 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, HAVALIGHT'
LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
HAVALIGHT 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-HAVALIGHT web site, please understand that it is
independent from HAVALIGHT, and that HAVALIGHT have no control over the content on that web site. In
addition, a link to a HAVALIGHT web site does not mean that HAVALIGHT endorse or accept any responsibility for
the content, or the use, of such web site.
HAVALIGHT shall not be liable in any way to any person or organization who may receive information in
HAVALIGHT 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 HAVALIGHT 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.
5. Termination
Either you or HAVALIGHT may terminate this Agreement at any time. Without limiting the foregoing, HAVALIGHT
shall have the right to immediately terminate any account in the event of any conduct by you which HAVALIGHT,
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.
6. Indemnification
You agree to defend, indemnify and hold harmless HAVALIGHT, 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
HAVALIGHT themselves or its members for HAVALIGHT 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 HAVALIGHT
and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the
Service. Each of these individuals 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:
Gilles Amsallem
Selavi, Inc.
108W 39th street, suite 600
New York, NY 10018
Phone: (212) 848-6079
E-mail: info@havalight.com
10 .No Partnership/No Authority.
The HAVALIGHT 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.
11. Other
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. HAVALIGHT may assign its rights and duties
under this Agreement
to any party at any time without notice to you.
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