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Terms of Use


 

Please Read These Terms of Use ("Terms") Carefully Before Using This Web Site

This Web site ("Site") is provided by GDS Holding S.r.l. ("GDS") and may be used for informational purposes only. By using the site or downloading materials from the Site, you agree to abide by the Terms set forth herein. If you do not agree to abide by these Terms, please do not use or view the Site or download materials from the Site.

Upon GDS's belief that your conduct fails to conform with these Terms, GDS Holding S.r.l., in its sole discretion and without notice, reserves the right to block your access to this Site, to investigate and to involve and cooperate with law enforcement authorities, and to pursue a civil action or criminal prosecution for any alleged or actual illegal activities involving this Site.

Limited License
Subject to the Terms set forth herein, GDS grants you a non-exclusive, non-transferable, limited right to access, use and display this site and the materials thereon. You agree not to interrupt or attempt to interrupt the operation of the site in any way.

GDS authorizes you to view and download the information ("Materials") at this Site only for purchasing, specifying and qualifying our products and services for commercial, governmental and private use. This authorization is not a transfer of title in the Materials or copies of the Materials and is subject to the following restrictions:

  1. you must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials;
  2. you may not modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose; and
  3. you must not transfer the Materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under these Terms.

You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time. This Site, including all Materials, is copyrighted and protected by worldwide copyright laws and treaty provisions. You agree to comply with all trademark, copyright and other laws worldwide in your use of this Site and to prevent any unauthorized copying of the Materials. Except as expressly provided herein, GDS does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information.

Permission to use, copy and distribute any content, documents and/or graphics obtained from these web sites, www.gds.com, www.esignage.info or www.gdsoutdoordisplays.com, is not granted without written permission of GDS Holding S.r.l..

The names "GDS" and "GDS Holding S.r.l." and the GDS logo may not be used in advertising or publicity pertaining to distribution of this information without specific written or oral permission. GDS makes no representations about the suitability of this information for any purpose. It is provided "as it is" without express or implied warranty.

Disclaimer
THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. GDS DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. GDS RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. GDS MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE.

THIS SITE AND THE INFORMATION AND MATERIALS ON THE SITE ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Third Party Sites
As a convenience to you, GDS may provide, on this Site, links to Web sites operated by other entities. If you use these sites, you will leave this Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. GDS makes no warranty or representation regarding, and does not endorse, any linked Web sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that GDS or this Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of GDS or any of its affiliates or subsidiaries.

External Links to the Site
All links to the Site must be approved in writing by GDS, except that GDS consents to links in which:

  1. the link is a text-only link containing only the name "GDS Holding S.r.l.";
  2. the link "points" only to www.gds.com, www.esignage.info or www.gdsoutdoordisplays.com and not to deeper pages;
  3. the link, when activated by a user, displays the Site's homepage in a full-screen and in a fully operable and navigable browser window and not within a "frame" on the linked web site; and
  4. the appearance, position, and other aspects of the link may neither create the false appearance that an entity or its activities or products are associated with or sponsored by GDS nor be such as to damage or dilute the goodwill associated with the name and trademarks of GDS or its Affiliates.

GDS reserves the right to revoke this consent to link at any time in its sole discretion, without notice.

Information Provided By You
Any personally identifiable information you may provide to GDS via this Site is protected by the Privacy Policy associated with this Site. GDS does not want you to, and you should not, send any confidential or proprietary information to GDS via the Site. You agree that any information or materials that you or individuals acting on your behalf provide to GDS will not be considered confidential or proprietary. By providing any such information or materials to GDS, you grant to GDS an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information and materials, and you further agree that GDS is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to GDS. You further recognize that GDS does not want you to, and you warrant that you shall not, provide any information or materials to GDS that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another.

Indemnity and Limitations of Damages
You shall indemnify and hold harmless GDS, its officers, directors, shareholders, subsidiaries, and employees from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees) incurred in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Site violates any applicable law or regulation, or the rights of any third party.

IN NO EVENT SHALL GDS OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, SUBSIDIARIES, OR EMPLOYEES BE LIABLE TO ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS OF THE SITE OR ANY LINKED WEB SITE, EVEN IF GDS IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Changes
GDS reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms, in whole or in part, at any time, without notice. Changes in this Agreement will be effective when notice of such change is posted. Your continued use of the Site after any changes to these Terms are posted will be considered acceptance of those changes.

GDS may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features of the Site, at any time. GDS may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability. GDS may terminate the authorization, rights and license given above and, upon such termination, you shall immediately destroy all Materials.

International Users and Choice of Law
This Site is operated in US and administered in Italy. If you access this Site from a location outside of the US, you are responsible for compliance with all local laws. These Terms and Conditions of use shall be governed by the laws of the US, without giving effect to its conflict of laws provisions. You agree to submit to the jurisdiction of the courts located in the US, for the resolution of all disputes arising from or related to these Terms and/or your use of the Site.

These Terms constitute the entire agreement between GDS and you with respect to your use of the Site. Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.

Privacy Policy
GDS is committed to protecting any personal information that you may provide to us. GDS will not sell, distribute or share your personal information with any parties other than GDS entities and affiliates.

Information Collected
In general, you can visit this Site without telling us who you are or revealing any information about yourself. Our web servers may collect the domain names, not the e-mail addresses, of visitors. In addition, there are portions of this Site where we may need to collect personal information from you for a specific purpose, such as to provide you with certain information you request. The information collected from you may include your name, address, telephone, fax number, or e-mail address. You may refuse any request for personal information. This Site is not intended for persons under 18 years of age. We do not knowingly solicit or collect personal information from or about children, and we do not knowingly market our products or services to children.

Use of Collected Information
Domain name information that we collect is not used to personally identify you. It is used to measure viewer statistics, such as the number of viewers that visit the Site, average time spent on the Site, pages viewed, etc. We use this information to measure the use of our Site and to improve the content of our Site.

When other information is collected from you, such as your name and e-mail address, GDS will make reasonable efforts to let you know at the time of collection how this information will be used. Usually, the personal information you provide will only be used to respond to an inquiry you make or to process your request. This information may be shared with other GDS businesses, but only if necessary to fulfill your request or for related purposes.

GDS does not share, sell, or lease personal information about you to any third-parties for their marketing use. GDS will release information about you if you direct GDS to do so, if GDS is required by law to do so, or in other legally limited circumstances.

If you register with one of GDS's business units on-line, they may use your information to provide you with custom information about GDS's offerings in support of your business needs. You should review the privacy policy associated with that GDS business' Web site for further information about that GDS business' privacy practices.

Links to Other Sites
GDS's Site may contain links to other sites such as GDS distributors and sales affiliates. While GDS makes reasonable efforts to try to link only to sites that share GDS's high standards and respect for privacy, GDS is not responsible for the content, security, or privacy practices employed by other sites.

Security of Collected Information
GDS maintains strict physical, electronic, and administrative safeguards to protect your personal information from unauthorized or inappropriate access. GDS restricts access to information about you to those GDS employees who need to know the information to respond to your inquiry or request. Employees who misuse personal information are subject to disciplinary action.

Access to Collected Information
You may review and update the information that you provide to GDS through this Site by contacting us as described below.

Contacting Us
If you have any questions about this privacy policy, please use the Contact page. GDS welcomes your questions and suggestions about this privacy policy or any other matter.

Changes to this Policy
Please check this privacy policy periodically to inform yourself of any changes. Although GDS reserves the right to modify or supplement this privacy policy, GDS will provide notice to you on this Site of any major changes for at least 30 days following the change.