PLEASE REVIEW BEFORE USING THIS SITE
"ACE GmbH" (“COMPANY”) provides this Web site (the “Site”) for your use
as a customer or member of the media industry. By using the Site, you agree to be bound by these Terms
of Use. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE SITE. COMPANY may change
these Terms of Use from time to time, at COMPANY’s sole discretion. Your continued use of the
Site following the posting of such changes will constitute your assent to all such changes. Please
periodically visit this section of the Site to review the current version of these Terms of
Use.
COMPANY, related subsidiaries, divisions, and affiliates (collectively, “COMPANY
Group”) may also operate other Web sites which may be subject to their own terms.
Please review those Web sites for their applicable terms of use.
SECTION 1: GENERAL PROVISIONS
USE OF INFORMATION AND SOFTWARE AVAILABLE ON THE SITE
You acknowledge that COMPANY reserves the right to modify, revise or discontinue the
Site, or any features, functionality or services provided as part of or in connection with the Site,
without prior notice.
Generally speaking, all information or materials contained on the Site (including but
not limited to all graphics, images, video clips, audio, video images, or other types of content)
(“Site Information”) is the property of COMPANY, COMPANY Group, and/or their suppliers or
licensors.
Certain portions of the Site have been designated as areas in which registered users
may post information or materials (defined below as “Posted Information”). All such
Posted Information remains property of its respective owner(s). Please see Section 2: Posted
Information below for further details regarding Posted Information.
Unless otherwise noted in a particular document, COMPANY hereby authorizes you to
electronically copy or print in hard copy any document published by COMPANY on the Site solely for your
internal reference purposes within your organization or personal use only. In consideration of and
as a condition to this authorization, you agree that all such copies shall retain all copyright and
other proprietary notices contained therein. Any other use of site information provided by COMPANY
without prior written approval from COMPANY or the appropriate supplier or licensor is strictly
prohibited.
Certain documents published on the Site may contain other restrictions, proprietary
notices and/or copyright information relating to that individual document, including but not limited to
notices that limit or prohibit your ability to make copies of that document. Please review all
additional notices before making any copies.
Nothing contained in these Terms of Use shall be construed as conferring by implication
or otherwise any license or right under any patent, copyright or trademark or other intellectual property
right of COMPANY, COMPANY Group, their suppliers or licensors, or any other third party.
Any software available to download from the Site is the copyrighted work of COMPANY,
COMPANY Group, and/or their suppliers or licensors. Use of such software is governed by the terms
of any end user license agreement that accompanies or is included with the software ("License
Agreement"). Copying the software other than on the basis outlined above or to any other
location for further reproduction or distribution is expressly prohibited, unless otherwise permitted by
the terms of the License Agreement.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE SITE, YOU MAY NOT DISTRIBUTE, EXCHANGE,
MODIFY, SELL OR TRANSMIT ANYTHING YOU COPY FROM THE SITE. UNAUTHORIZED USE OF THE MATERIALS OR
INFORMATION CONTAINED HEREIN MAY CONSTITUTE A VIOLATION OF APPLICABLE CRIMINAL OR CIVIL LAWS, INCLUDING
BUT NOT LIMITED TO COPYRIGHT, TRADEMARK, OR PRIVACY LAWS.
DESIGN AND LAYOUT
The design of the Site is the property of COMPANY Group and COMPANY. Elements of
the Site and it, including its elements but not limited to the Site’s design, its logos, graphics,
sounds or images, may be protected by copyright, database, trademark or other laws, and may not be
copied, distributed or imitated, unless specifically indicated.
LINKS TO OTHER SITES
Any links to other sites are provided solely for your convenience. Such sites are
not under the control of COMPANY, and COMPANY and COMPANY Group are not responsible for their content,
any changes or updates to them, or the collection of any personal data or information by the operators of
such sites.
Consequently, COMPANY expressly disclaims any liability for any damages arising out of
users’ access, use or inability to use any linked site or the content therein.
USER PRIVACY INFORMATION
In general, people may visit the Site while remaining anonymous and not revealing any
personal information. COMPANY does use “cookie” technology to obtain non-personal
information from its on-line visitors, and to provide customization options at login, or to keep track of
where you are in the Site in order to provide the correct customization options when you use the Site. In
addition, you may be required to provide certain personal information, such as your name, address, and
email, before you can participate in certain portions of the Site. COMPANY does not, without your
permission, sell and/or disclose to third parties information you have submitted to this Site that
identifies you personally. For a complete description of how COMPANY uses cookies or the
information collected from the Site, please see COMPANY’s Privacy Policy applicable to the Site, which is incorporated into these Terms
of Use by reference. Some portions of the Site may permit you to post certain information about
yourself if you choose to do so. If you decide to use those portions of the Site and post
information about yourself, the information you post is, of course, exempt from this Privacy
Policy. Please see Section 2: Posted Information for additional information.
COMPANY intends to cooperate with any order or request from law enforcement officials
or a court of competent jurisdiction for information as to the identity of individuals submitting or
posting information to COMPANY or on the Site.
USER FEEDBACK AND IMPROPER TRANSMISSIONS
Except for Posted Information or personal information, if you transmit to or otherwise
provide to COMPANY any feedback (such as questions, comments, suggestions, or the like) or data or
materials (“User Feedback”), such User Feedback shall be deemed to be non-confidential and
non-proprietary. COMPANY shall have no obligation of any kind with respect to such User Feedback
and by transmitting such User Feedback to COMPANY, you are deemed to grant COMPANY and COMPANY Group a
perpetual, worldwide, royalty-free, irrevocable, non-exclusive license (with rights to sublicense) to
reproduce, use, disclose, modify, display and distribute the User Feedback to others without limitation
and to use any ideas, concepts, know-how or techniques contained in such User Feedback for any purpose
whatsoever, including but not limited to developing, manufacturing and marketing products incorporating
such User Feedback.
You are prohibited from posting or transmitting to the Site any unsolicited chain
letters or “spam”, or any threatening, harassing, libelous, false, defamatory, offensive,
obscene, or pornographic material, or other material that would violate any applicable law or regulation,
including but not limited to any applicable laws or regulations governing equal employment
opportunities. However, if such communications do occur, COMPANY and COMPANY Group shall have no
liability related to the content of any such communications.
Except where such information qualifies as Posted Information, you may not post or
transmit to the Site any advertising, surveys, promotional materials, contests, or any other commercial
or non-commercial solicitations.
You are also prohibited from impersonating any individual. A member account or
profile must be opened using real names and other requested information.
COMPANY may, but is not obligated to, review or monitor areas on the Site where users
may transmit or post communications, including discussion groups, bulletin boards, chat rooms, and user
forums. COMPANY is not responsible for the accuracy of any Posted Information, including but not
limited to information, data, opinions, advice, or statements transmitted or posted in discussion
groups, bulletin boards, chat rooms, and user forums.
MONITORING, DELETION AND LOCKOUT
COMPANY has no obligation to review or monitor areas on the Site where users may
transmit or post communications, including discussion groups, bulletin boards, chat rooms, and user
forums. COMPANY may post the Posted Information as submitted by the person registered to post the
information, but will not accept any responsibility or liability for the accuracy of or omissions in such
Posted Information, including but not limited to information, data, opinions, advice, or statements
transmitted or posted in discussion groups, bulletin boards, chat rooms, and user forums. Inclusion
of Posted Information on this Site does not imply any endorsement by COMPANY of the Posted
Information.
Failure to adhere to any of these Terms of Use may result in messages and/or Posted
Information being blocked, deleted from the Site and possible lockout. COMPANY also reserves the
right to take any actions it deems necessary or appropriate to protect the Site and its content.
INTERNATIONAL INFORMATION
The Site may provide access to international data about COMPANY, COMPANY Group, or third
parties, and therefore, may contain references or cross references to products, programs, and services
that are not available in your country. Such references do not imply that COMPANY, COMPANY Group,
their suppliers or licensors, or other third parties intend to make available such products, programs or
services in your country. COMPANY or COMPANY Group may provide other websites directed at your
region which may contain different products and services and be subject to different terms and
conditions.
CONTESTS/SWEEPSTAKES
From time to time, you may be invited to participate in contests, sweepstakes, or
similar events. Such events may require you to submit personal information to participate.
Each event shall be subject to separate rules, and you should review all applicable rules before
participating. Please see the Privacy
Policy for additional detail. Posting by COMPANY of a contest, sweepstake or similar
event on the Site and your ability to access the contest does not mean that it is applicable to your
jurisdiction or that you will be eligible to participate.
LINKING AND FRAMING
You are permitted to view the Site only in its full presentation form and are
prohibited from “framing” the Site. You are prohibited
from “deep linking” to any other pages in a manner that would incorrectly suggest endorsement
or support of you by COMPANY or in any way that suggests you are the owner of any intellectual property
belonging to COMPANY or COMPANY Group.
VIOLATION OF TERMS OF USE
You acknowledge that COMPANY has the right, in its sole discretion, to terminate your
access to the Site, without liability to you or any third party, if you violate any of these Terms of
Use, violate the rights of COMPANY, interfere with any other user’s access or use of the Site, or
if COMPANY decides that your use is otherwise detrimental to the Site, COMPANY, COMPANY Group, or their
suppliers or licensors. If you believe that someone has violated these Terms of Use, you may
contact COMPANY at serge.kebabtchieff@eska.fr. COMPANY may decide, in its discretion, to
investigate the report and decide, in its sole discretion, to take any action relating to that
report. COMPANY does not have any obligation or liability to you for the performance or
nonperformance of those activities.
SITE SERVICES
COMPANY may, from time to time, offer through the Site certain services that may be
subject to their own specific terms and conditions (“Service Terms and Conditions”). In
the event of any conflict between those Service Terms and Conditions and these Terms of Use, the
applicable Service Terms and Conditions shall control. Please be sure to review any applicable
Service Terms and Conditions before making use of a Site service.
GENERAL
These Terms of Use are governed by the laws of United States of America, without regard to the rules of
conflict which may cause the laws of another jurisdiction to apply. You agree to the sole and
exclusive jurisdiction and venue of the courts of United States of America in the event of any dispute of any kind arising
from or relating to the Site, or your use or review of it. The failure of COMPANY to enforce any
provision or right of these Terms of Use will not constitute a waiver of such provision or right.
These Terms of Use constitute the entire agreement between the parties with respect to the subject matter
hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or
oral, regarding such subject matter. If for any reason a court of competent jurisdiction finds any
provision or portion of these Terms of Use to be unenforceable, the remainder of these Terms of Use will
continue in full force and effect.
SECTION 2: POSTED INFORMATION
ALL POSTED INFORMATION IS PUBLIC
COMPANY has reserved certain portions of the Site to permit registered users to post
materials or information, including but not limited to user resumes or other personal information, job
listings, user demonstration reels or other sample materials, graphics, images, opinions, comments,
conversations or questions (“Posted Information”). COMPANY has provided those special
sections as a service to its customers and the media community with the intent of making Posted
Information publicly available to anyone who wishes to view it.
By using these services and posting or transmitting to COMPANY for posting such Posted
Information, you thereby acknowledge and agree that all Posted Information is publicly available to any
viewer of the Site. You further acknowledge and agree that COMPANY shall have no responsibility,
liability, or obligation to you with regard to the Posted Information, its protection, its use or misuse
in anyway whatsoever by any entity, including but not limited to COMPANY or COMPANY Group. Without
limiting the foregoing, you agree that the Posted Information is exempt from the application of
COMPANY’s Privacy Policy , in
that once personal data is posted publicly, COMPANY can have no control over what is done to it by third
parties and the Privacy Policy cannot apply to data collected by third parties in those
circumstances.
LICENSE TO POSTED INFORMATION
By submitting the Posted Information for publication on the Site, you grant to COMPANY and
COMPANY Group a perpetual, worldwide, royalty-free, irrevocable, sublicenceable, non-exclusive right to
use, reproduce, display, modify, create derivative works, and distribute, (in any format whatsoever) the
Posted Information for any purpose related to the Site.
You also hereby authorize any third party who lawfully accesses the Posted Information
via the Site to make an electronic copy or print in hard copy the Posted Information, or portion thereof,
solely for such third party’s internal reference purposes within such third party’s
organization or for such third party’s personal use.
If your Posted Information includes links to internet sites or e-mail addresses
(“Posted Links”), you are deemed, to the extent you are able, to grant to COMPANY a
worldwide, royalty-free, sublicenceable, non-exclusive right to display Posted Links for so long as the
Posted Information is available on the Site. COMPANY requires that Posted Links be restricted to
home pages, and not “deep links,” unless the Posted Link is to an internet site that you own,
operate, or to which you are otherwise authorized to link as part of a Posted Information for
publication on the Site. By including a Posted Link you assume all liability arising therefrom,
including liability for endorsing, sponsoring, recommending or otherwise approving the content of any
linked site. COMPANY reserves the right in its sole discretion to remove any Posted Links for any
reason whatsoever.
Inclusion of any Posted Links does not imply any endorsement by or responsibility
of COMPANY with regard to the contents of sites related to such links.
USE OF POSTED INFORMATION
The decision to make Posted Information available, or to use or respond to Posted
Information, is yours alone. COMPANY has only made a portion of the Site available for the
publication, distribution, and review of Posted Information. COMPANY is not involved in any
transactions between the users who submit Posted Information, and the users who view or use such
information. Without limiting the generality of foregoing, COMPANY is not responsible for any
employment, hiring, purchase, lease, rent, or any other decisions whatsoever made by any person or entity
with regard to the Posted Information contained in the Site.
In addition, please note that COMPANY cannot confirm that anyone is who they say they
are. You assume all risks relating to any dealings you may undertake with anyone you encounter
through the Site.
COMPANY has no obligation to review, screen, or edit any Posted Information, either in
advance, or after posting. COMPANY may post the Posted Information as submitted by the person
registered to post the information, but will not accept any responsibility or liability for the accuracy
of or omissions in such Posted Information. Inclusion of Posted Information on this Site does not
imply any endorsement by COMPANY of the Posted Information.
COMPANY reserves the right, in its sole discretion, to take any actions with respect to
Posted Information as indicated above in the “MONITORING, DELETION AND LOCKOUT” Section.
USER REPRESENTATIONS AND WARRANTIES
COMPANY respects the intellectual property rights of others, and expects its users to do the
same. Users are prohibited from posting anything on the Site that violates the intellectual
property rights of others. Therefore, by registering or submitting Posted Information, you hereby
represent and warrant: