Terms and conditions

Acceptance of Terms through Use of Site.

The following are terms of a legal agreement between you and ArcelorMittal. In consideration of your use of this web site (www.arcelormittal.tv, the “Site”) of ArcelorMittal, you agree to all of the terms, conditions, and notices contained or referenced in this Site, including the Blog Terms of Use (the “Terms and Conditions”). If you do not agree to these Terms and Conditions, do not use this Site. ArcelorMittal reserves the right to update or revise these Terms and Conditions. The Terms and Conditions are effective from the time they are posted on the Site. Your continued use of this Site following the posting of any changes to the Terms and Conditions constitutes acceptance of those changes.

Copyright.

Copyright © 2010, ArcelorMittal. All rights reserved.

All text, images, graphics, animation, videos, music, sounds, and other materials on this website (”site”) are subject to the copyrights and other intellectual property rights of ArcelorMittal, its affiliated companies, and its licensors. ArcelorMittal owns the copyrights in the selection, coordination, and arrangement of the materials on this site. You may not copy, distribute, or create derivative works from any part of this Site (including its graphics, pictorial matter, and text) without the prior written consent of ArcelorMittal, unless expressly permitted by the Site (e.g. Feedburner and twitter application). Further, by your agreement to the Terms and Conditions and with your access and use of this Site as consideration thereof, all rights to the content of any stories or other information, feedback, data, questions, comments, suggestions or the like submitted through this Site shall be assigned to ArcelorMittal and ArcelorMittal, as the absolute owner of the story or other submission, shall be free to edit, alter, reproduce, use, disclose, and distribute the content to others without limitation or compensation and without restrictions as to frequency or duration of use, including for use in any broadcast or printed communication, website content, point-of-sale or other materials, including for use developing, manufacturing, and marketing products and services incorporating any of the ideas, concepts, or techniques referred to in the response, communication, or submission.

No Confidentiality/Grant of License.

With respect to Content you submit or make available for inclusion on publicly accessible areas of the Site, as well as the content of any stories or other information, feedback, data, questions, comments, suggestions or the like submitted through this Site, shall be deemed not to be confidential, and you grant ArcelorMittal a worldwide, royalty-free, and non-exclusive license(s) to edit, reproduce, use, disclose, and distribute the response to others without limitation or compensation, including for use in developing, manufacturing, and marketing products and services incorporating any of the ideas, concepts, or techniques referred to in the response, communication, or submission, provided that ArcelorMittal will always comply with its Privacy Policy posted on this Site.

No Links; No Endorsement.

No hyperlinks to this Site are permitted without ArcelorMittal’s prior written consent, and ArcelorMittal does not endorse, sponsor, or recommend any ideas, products, or services by a third party who has linked to this Site. Any links to third party web sites are not an endorsement, sponsorship, or recommendation of the third parties or the third parties’ ideas, products, or services. Similarly, any references in this Site to third parties and their products or services do not constitute an endorsement, sponsorship, or recommendation. Any references or hyperlinks to third party web sites contained in stories or other materials submitted through the Site are subject to removal.

DISCLAIMER OF WARRANTIES.

YOUR USE OF THE SITE AND MESSAGE BOARDS IS AT YOUR SOLE RISK. THE MATERIAL IN THIS WEB SITE AND THE SERVICE PROVIDED THROUGH THIS WEBSITE IS PROVIDED “AS IS” AND ON AN “AS IS AVAILABLE” BASIS WITHOUT ANY KIND OF WARRANTY. THE MATERIAL ON THIS WEB SITE IS NOT A WARRANTY AS TO ANY PRODUCT OR SERVICE PROVIDED BY ArcelorMittal OR ITS SUBSIDIARIES, AFFILIATES, COMPANIES, OR RELATED ENTITIES. WARRANTIES, IF ANY, ACCOMPANY THE PRODUCT OR SERVICE WHEN PURCHASED BY A CUSTOMER. ArcelorMittal AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

ArcelorMittal AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SITE AND THE SERVICES OFFERED THEREIN WILL MEET YOUR REQUIREMENTS; (ii) THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SERVICES WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, MESSAGE BOARDS, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE AND SERVICES THEREIN IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ArcelorMittal OR THROUGH OR FROM THE SITE OR SERVICES THEREIN SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS.

LIMITATION OF LIABILITY.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT ArcelorMittal AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE FOR ANY ERRORS, DELAYS, INACCURACIES, OR OMISSIONS IN THIS SITE OR ANY SITES THAT ARE LINKED TO, OR REFERRED TO BY, THIS SITE. IN NO EVENT WILL ArcelorMittal BE LIABLE FOR ANY DAMAGES CAUSED BY OR IN CONNECTION WITH USE OF THIS SITE OR USE OF ANY SITE LINKED TO THIS SITE. UNDER NO CIRCUMSTANCES SHALL ArcelorMittal BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE WHETHER BASED ON ACTIONS IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ArcelorMittal HAS BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGE. IN NO EVENT WILL ArcelorMittal BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE EDITING, REPRODUCTION, USE, DISCLOSURE, AND DISTRIBUTION OF CONTENT SUBMITTED TO AND/OR THROUGH THIS SITE INDEMNITY. YOU AGREE TO INDEMNIFY AND HOLD ArcelorMittal AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, EMPLOYEES, PARTNERS AND LICENSORS HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF CONTENT YOU SUBMIT, POST, TRANSMIT OR OTHERWISE MAKE AVAILABLE THROUGH THE MESSAGE BOARDS, YOUR USE OF THE MESSAGE BOARDS, YOUR CONNECTION TO THE MESSAGE BOARDS, YOUR VIOLATION OF THE TERMS AND CONDITIONS, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.

Jurisdiction and Venue.

You and ArcelorMittal agree that the laws of the country of Luxembourg will apply to all matters arising from or relating to use of this Site, whether for claims in contract, tort, or otherwise, without regard to conflicts of laws principles. You and ArcelorMittal also agree and hereby submit to the exclusive personal jurisdiction and venue of the Court of Luxembourg with respect to such matters.

No Third-Party Beneficiaries.

You agree that there shall be no third-party beneficiaries to this agreement.

Entire Agreement.

These Terms and Conditions, including the Message Board Rules, constitute the entire agreement between you and ArcelorMittal with respect to your use of this Site and supersede all prior or contemporaneous communications and proposals, whether oral, written, or electronic, between you and ArcelorMittal with respect to this Site.

Waiver and Severability of Terms.

The failure of ArcelorMittal to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision(s) of these Terms and Conditions are held invalid or unenforceable, those provisions shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect.

Notice and Procedure for Making Claims of Copyright or Intellectual Property Infringement.

ArcelorMittal respects the intellectual property of others, and we ask our users to do the same. ArcelorMittal may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide ArcelorMittal’s Copyright Agent the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
  • identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit ArcelorMittal to locate the material;
  • your address, telephone number, email address or other information reasonably sufficient to permit ArcelorMittal to contact you;
  • a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  • a statement by you that the information in your Notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please report any claims of copyright or other intellectual property infringement to the “Contact Us” section of the Site (http://www.arcelormittal.tv/contact-us).

Blog Terms of Use

1. In consideration of your use of the ArcelorMittal WebTV Blog (”Blog”), you agree to all of the terms, conditions, and notices contained or referenced in this Site, including these Blog Terms of Use which are included as part of the Terms and Conditions (the “Terms and Conditions”) and you represent that you are of legal age to form a binding contract. You also agree to: (a) provide true, accurate, current and complete information about yourself  If you provide any information that is untrue, inaccurate, not current or incomplete, or ArcelorMittal has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ArcelorMittal has the right to suspend or terminate your account and refuse any and all current or future use of the Blog. ArcelorMittal is concerned about the safety and privacy of all its users, particularly children. For this reason, persons under the age of 13 are not allowed to access the Blog. Please see ArcelorMittal’s Privacy Policy for more information.

2. Conduct. You understand that all information, data, text, messages, tags, or other materials (”Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not ArcelorMittal, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Blog. ArcelorMittal does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Blog, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will ArcelorMittal be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Blog.

In addition to the Terms and Conditions, you agree to not use the Message Boards to:

  • harm minors in any way;
  • upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
  • upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information);
  • upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (”Rights”) of any party;
  • upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” or any other form of solicitation, except in those areas which may be designated for such purpose;
  • upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • impersonate any person or entity or falsely state or otherwise misrepresent your identity or your affiliation with a person or entity;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Message Boards;
  • disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
  • “spam” your posting across multiple message boards instead of choosing the most appropriate message board;
  • violate any applicable local, state, national or international law, and any regulations having the force of law;
  • suggest or encourage any illegal activity;
  • post phone numbers, addresses, social security numbers or any other private information of others; and/or “stalk” or otherwise harass another.

You acknowledge that ArcelorMittal may pre-screen Content, but that ArcelorMittal and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that has been posted by you. Without limiting the foregoing, ArcelorMittal and its designees shall have the right to remove any Content that violates the Terms and Conditions or is otherwise objectionable.

You acknowledge, consent and agree that ArcelorMittal may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms and Conditions; (c) respond to claims that any Content violates the Rights of third parties; or (d) protect the Rights, property or personal safety of ArcelorMittal, its users and the public.

5. No Resale of Blog material. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Blog . Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Blog, in whole or in part, is strictly prohibited.

6. General Practices Regarding Use and Storage. You acknowledge that ArcelorMittal may establish general practices and limits concerning use of the Blog, including without limitation the maximum number of days that postings or other Content will be retained by the Blog, the maximum number of postings that may be sent from or received, the maximum size of any message that may be sent from or received, and the maximum number of times (and the maximum duration for which) you may access the Blog in a given period of time. You agree that ArcelorMittal has no responsibility or liability for the deletion or failure to store any messages and other content maintained or transmitted. You acknowledge that ArcelorMittal reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that ArcelorMittal reserves the right to modify these general practices and limits from time to time.

7. Modifications to the Blog. ArcelorMittal reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Blog (or any part thereof) with or without notice. You agree that ArcelorMittal shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Blog.

10. Links. Parties posting on the Blog may provide links to other World Wide Web sites or resources. Because ArcelorMittal has no control over such sites and resources, you acknowledge and agree that ArcelorMittal is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that ArcelorMittal shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods available on or through any such site or resource.

11. ArcelorMittal’s Proprietary Rights. You acknowledge and agree that the Blog and any necessary software used in connection with the Blog (”Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Blog or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Except as expressly authorized by ArcelorMittal or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Blog or the Software, in whole or in part.

Copyright © 2010, ArcelorMittal. All Rights Reserved.

Any content and/or opinions expressed in this Web site, including without limitation,  articles and responses to questions are solely the opinions and responsibility of the person or entity named as the author and do not necessarily reflect the opinions of the ArcelorMittal. You also understand and acknowledge that you are responsible for the content of any message that you post to this site.