Website Terms and Conditions
The following are terms of a legal agreement between you and Rio Tinto Alcan Inc. By accessing, browsing and/or otherwise using this website (“Website”), you acknowledge that you have read, understood and agreed to be bound by these terms and conditions, and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to all of these terms and conditions, you may not access, browse and/or use this Website. The material provided on this Website is protected by law, including, but not limited to, United States copyright law and international treaties.
These terms apply to your access to and use of this Website and do not alter in any way the terms and conditions of any other agreement you may have with Rio Tinto Alcan for products, software, services or otherwise, unless otherwise directed by Rio Tinto Alcan. If you breach any of these terms, your authorization to use this Website automatically terminates and you must immediately destroy any downloaded or printed materials and discontinue use of any hyperlinks to this Website.
I. General
A. Definitions:
”Agreement” refers to these Website Terms and Conditions.
"Content" includes, but is not limited to, all text, photographs, software, animation files, graphics, video and audio files and anything else contained in the public portions of this Website.
"User" or “you” includes, but is not limited to, any person who accesses this Website by any means whatsoever, including, but not limited to, legal, illegal, authorized and unauthorized means.
The Words "Alcan", “Rio Tinto”, “we” or "Company" refer to Rio Tinto Alcan Inc. (“Rio Tinto Alcan”) and, where applicable, one or more of its subsidiaries or related companies. A "subsidiary" is a company controlled by Rio Tinto Alcan. A "related company" is one in which Rio Tinto Alcan has significant influence over management but owns 50% or less of the voting stock. References herein to the Alcan cable operation in China refer to Alcan (Tianjin) Alloy Products Co., Ltd.
B. Conditions of Use:
All information on this Website is provided for information only.
Rio Tinto Alcan has made reasonable efforts to ensure that information provided on Rio Tinto Alcan's Website on the Internet is accurate at the time of inclusion. However, by using this Website you acknowledge and agree that there may be inadvertent and occasional errors, omissions or inaccuracies in its Content.
Rio Tinto Alcan makes no representations or warranties of any kind about the information provided on its Website or via hypertext links or any other item used either directly or indirectly from Rio Tinto Alcan's Website and reserves the right to make changes and corrections at any time, without notice. By accessing this Website, you agree that Rio Tinto Alcan will not be liable for any inaccuracies or omissions or any direct, special, indirect or consequential damages or losses, or any other damages or losses of whatsoever kind resulting from whatever cause through the use of any information obtained either directly or indirectly from or through Rio Tinto Alcan's Website and any decisions based on such information are the sole responsibility of the User.
No Content constitutes or shall be deemed to constitute an invitation or inducement to invest or otherwise deal in the shares or any other securities of Rio Tinto plc, Rio Tinto Limited, any other member of the Rio Tinto Group, any other person, or to engage in any investment activity, and must not be relied upon in connection with any investment decision.
The above exclusions and limitations apply only to the extent permitted by law.
C. Invalidity:
If, for any reason whatsoever, any term of this Agreement is deemed by a court to be void, voidable or otherwise unenforceable, such term shall be deemed to be severable from the remainder of the Agreement, and the remainder of the Agreement shall be construed and interpreted without reference to the unenforceable term.
D. Assignment:
Rio Tinto Alcan may assign its rights or obligations under this Agreement at any time without notice to Users.
E. Termination:
Either Rio Tinto Alcan or the User may terminate this Agreement at any time, either with or without cause. The User may terminate this Agreement by ceasing to use this Website. The following clauses of this Agreement will survive any termination by either party: II, III, IV(A-C), V, VI, and VII.
II. Copyright and trademarks
A. The Content of this Website is owned by Rio Tinto Alcan or is made available by permission of the owner and is protected by domestic and international copyright laws. The trademarks, service marks and trade names (collectively “Trademarks”) of Rio Tinto Alcan and its related companies are exclusively owned by Rio Tinto Alcan and such affiliated companies. Without limitation, the Trademarks "STABILOY", “ALCAN”, “NUAL” and the following designs
are owned by Rio Tinto Alcan. The registered trademarks "Adobe" and "Acrobat" are owned by Adobe Systems Incorporated.
B. Rights. The use of this Website grants no interest, whether proprietary, license, or otherwise, in the Trademarks, intellectual property rights, or any other rights which may exist or are hereafter developed in respect of any portion of the Website or its Content.
C. License. Any computer software and other files downloadable or otherwise available from this Website is licensed subject to the terms of the applicable license agreement. Users download such software and other files at their own risk and subject to the limitations on liability set forth below. Users should take care to back up all essential software before loading any software or files from this Website.
III. Permitted secondary uses
A. The User may freely download and copy the downloadable brochures and other marketing materials of this Website for non-commercial purposes only. However, on any such downloading or copying, the User must explicitly acknowledge Rio Tinto Alcan as the provider of such Content. Rio Tinto Alcan reserves the right to require the User to delete, destroy, or otherwise remove any Content or downloads or copies thereof that is used in a manner that in Rio Tinto Alcan's opinion is contrary or otherwise inappropriate, derogatory or offensive.
B. The User agrees that any person to whom the Content is provided directly or indirectly through the User, will be advised of the terms of this Agreement, and that each such person is bound by these terms.
C. The User may in no way modify, reformulate, adapt, alter, adjust, change, disassemble, frame or decrypt any of the Content of this Website or any download or copy thereof.
IV. Data Privacy and Third-party submissions
A. Subject to the limitations with respect to personally identifiable information set forth in Section IV(D) below, by posting via email or otherwise any Content, trade secrets, or know-how to this Website, including electronic mail, the User grants to Rio Tinto Alcan a perpetual, non-exclusive, irrevocable, worldwide, royalty-free right and license to use, download, upload, copy, exhibit, display, distribute, publish, post to any other public forum, perform, sell, alter, modify, change, sub-license, create derivative works from and otherwise treat as its own such Content, trade secrets or know-how in whatever manner Rio Tinto Alcan shall, in its sole discretion, deem appropriate without any form of recognition, credit, acknowledgement, reward or compensation whatsoever for the User's contribution of such Content, trade secrets, or know-how to Rio Tinto Alcan. Furthermore, Rio Tinto Alcan, its affiliates, contractors, agents and/or employees will in no way be responsible or liable for damages, whether they be direct, indirect, consequential, incidental, special, punitive, exemplary or general damages, contribution or indemnity of any kind whatsoever, howsoever caused, resulting from any alterations or additions to its goods, products, programs, promotions and/or services which may resemble any Content, trade secrets, or know-how posted to this Website, including electronic mail, by any User.
B. Furthermore, by posting any Content, trade secrets, or know-how to this Website, including electronic mail, the User represents and warrants that such Content, trade secrets, or know-how is his or her own work, is non-confidential, and its use by Rio Tinto Alcan in no way violates the intellectual property or other rights of any third parties. The duty to ensure non-infringement of the rights of any third parties rests solely with the User.
C. The User agrees to indemnify, contribute to, and hold harmless Rio Tinto Alcan, its affiliates, contractors, agents and/or employees against any liability, be it civil, criminal, or quasi-criminal, resulting from the possession, use, transfer or sub-license by Rio Tinto Alcan of any Content, trade secrets or know-how provided to Rio Tinto Alcan by the User. This indemnification shall extend and apply to any payment or other agreement made by Rio Tinto Alcan, its affiliates, contractors, agents and/or employees in settlement and/or satisfaction of any such claim or potential claim, whether such settlement and/or satisfaction is either full or partial, and whether the payment or other agreement is made or concluded either prior to or following the institution of proceedings against Rio Tinto Alcan, its affiliates, contractors, agents and/or employees. As part of this indemnification, the User agrees to co-operate with all reasonable requests made by Rio Tinto Alcan, its affiliates, contractors, agents and/or employees.
V. Choice of law
A. Any dispute arising out of the use of this Website, the Content or availability thereof, the construction or interpretation of this Agreement, or anything related or similar thereto is governed by the laws of the United States and the State of Georgia, without any reference to conflicts of laws rules or principles.
B. Any dispute arising out of the use of this Website, the Content or availability thereof, the construction or interpretation of this Agreement, or anything related or similar thereto is only to be decided by a court of competent jurisdiction sitting within the legal boundaries of the State of Georgia, United States of America.
VI. Rights to control site
The Content of this Website is subject to change, restriction, or termination without any notice to Users.
VII. Limitations of liability
A. There are certain links on this Website which will lead the User to other sites on the World Wide Web. These links are provided for convenience only, and a link to any other website should not be taken to imply any endorsement of any other website by Rio Tinto Alcan, its affiliates, contractors, agents, and/or employees.