Site refers to the NTF website at the following address: http://football.newstank.ch
Client refers to the person or institution in possession of a Subscription.
Subscription refers to the conditions under which the Client buys the right to use the Service for their Members.
Member(s) refers to an individual or individuals under the Client’s responsibility and working in their organisation, identified by their registration number, who has access to the Service.
Member Access refers to the possibility for a Member or Members, in compliance with this agreement, to benefit from NTF’s Services.
2.2 The right to use the Service may vary according to the level of Subscription.
2.3 NTF allows Members a single right to use the Service. This right is non-exclusive, non-transferable and only for the Members’ benefit, excluding all others. Aside from what is expressly mentioned in the Specific Term, News Tank Football does not provide hardware, software or any other service.
2.4 The Client is responsible for the installation and configuration of workstations for the Members, including Internet access, regarding the use of the Service.
3.1 The Subscription to the Service is effective from the date indicated on the subscription application form received by NTF.
3.2 The Subscription is concluded for an initial period of typically 12 months.
3.3 After this initial period, the Subscription will be automatically renewed for an additional period of 12 months unless NTF or the Client has requested termination at least 3 months prior to the expiration of the current agreement, by registered letter with acknowledgment of receipt.
4.2 The Client is responsible for the use of the content provided by NTF, as well as interpretations or following actions or advice he deduces.
5. DUTIES OF THE CLIENT
5.2 The Client is responsible for the care of Members’ usernames and passwords. The Client must ensure that only allowed registered Members use the Service. In case of fraud or unauthorised access to the Service, the Client must immediately inform NTF in writing (letter, registered letter or e-mail).
5.3 The Client is responsible for their own use of the Service. The Client is therefore responsible for the consequences of any disputes relating to the personal use of the Service by Members, including legal disputes.
5.4 The Client is responsible for implementing and managing its own data backup procedures, as well as data recovery.
5.5 The Client agrees not to use the name News Tank Football or any other brand name or trade name of the NEWS TANK NETWORK without prior consent from News Tank Football or NEWS TANK NETWORK.
6. FINANCIAL TERMS
6.1 Access to the Service requires the full payment of the Subscription by the Client.
6.2 Unless other payment terms are specifically mentioned, all charges must be paid by the Client within thirty (30) days of issue. Any charges not paid when they are due will immediately start bearing interest at a annual rate of 6%, calculated monthly (i.e. 0,5% per month).
6.3 In the event of non-payment fifteen (15) days after charges are issued, NTF may, without prior notice, at its discretion, suspend access to some or all parts of the Service. In the event of a suspension, the Service will only be reinstated once the outstanding charges are settled.
6.4 The Client is aware that the price of the Subscription does not include the cost of Internet access or telephone costs, which remain entirely the responsibility of the Client.
7. CONTRACT UPDATES
8.1 The Client acknowledges that the Subscription does not impart any status or ownership of the Service’s content. NTF remains property rights holder and copyright holder under French law. As such, the Client will respect and comply with all particulars relating to NTF’s property rights.
8.2 The Client may not use any part of the Service other than in their capacity as an end-user. The Client is therefore prohibited from selling, sublicensing, leasing or distributing by any means, whether in exchange for payment or free of charge, any part of the service. Only private copying is permitted.
According to Article L122-4 of the French Intellectual Property Code: any complete or partial performance or reproduction made without the consent of the author or of his successors in title or assigns shall be unlawful. The same shall apply to translation, adaptation or transformation, arrangement or reproduction by any technique or process whatsoever. Any other use is therefore subject to NTF’s prior approval. According to Article L335-2 of the French Intellectual Property Code: any edition of writings, musical compositions, drawings, paintings or other printed or engraved production made in whole or in part regardless of the laws and regulations governing the ownership of authors shall constitute an infringement. Any infringement shall constitute an offence. Infringement in France of works published in France or abroad shall be liable to a three-year imprisonment and a fine of €300,000. According to Article L335-3 of the French Intellectual Property Code: any reproduction, performance or dissemination of a work of the mind, by any means whatsoever, in violation of the author’s rights as defined and regulated by law shall also constitute an infringement.
Any unauthorised use of the Service’s content, in particular, reproduction on another website, distribution via an intranet network, email distribution, use in a press review and use in promotional material is prohibited.
The Client agrees not to re-use the Service in computerised, telematics, videotext or visiotexte form. The Client also agrees not use the Service on a network outside the site agreed in the contract.
The Client is hereby expressly forbidden from allowing others to access the Service by any means whatsoever, where they are charged or free of charge.
The Client agrees not to use the Service they have subscribed to with NTF to produce, utilise or market any product that would act in direct competition with NTF.
Each Member agrees to comply with the French Intellectual Property Code. It is therefore prohibited, to reproduce, summarise, modify, alter or redistribute any NTF articles, applications, software, logos, branding, information or illustrations, without NTF’s prior consent. Violation of these mandatory provisions subjects the offender and all other liable persons to all criminal and civil penalties as prescribed by the French law. A quotation is a reproduction of an extract from a publication, respecting the moral rights of the author by indicating their name and the source of the citation. A quotation should be short to avoid plagiarism. A quotation illustrates a point and should not compete with the publication from which it was borrowed. The proliferation of quotations leads to the creation of an anthology, considered the derivative work, and thus subject to the prior consent of the author or copyright holder.
The Client is authorised to link to the Site’s homepage without permissions, on the condition that the link opens a new browser window. However, NTF reserves the right to request the removal of any link if it deems it inconsistent with its editorial policy.
The open authorisation to link to the Site’s homepage does not include the right to reproduce any content to make this link.
9.1 The Client accepts the characteristics and limitations of an online Service, and in particular, recognises the hazards of online consultation, especially response times.
9.2 Use of the Service is licensed “as it stands”, without guarantee, explicit or implicit, of its quality, performance, or results. The risks are inherent in its quality; its performances or results are based on the Client use only.
9.3 The Client may not request the introduction of new Services, features or changes. The Client agrees to accept the Services, corrections or deliberate modifications made by NTF.
9.4 NTF CANNOT BE FOUND LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES CAUSED TO A CLIENT, USER OR THIRD PARTY, SUCH AS COMMERICAL DAMAGES, LOSS OF CUSTOMERS OR REVENUE, IN THE CONTEXT OF THE SERVICE THAT NTF PROVIDES.
9.5 Under no circumstances can NTF be held responsible for damages cause by the use of the Service, including cases of its unavailability.
9.6 NTF will not be responsible for any unavailability of access to the Service caused by a failure of telecoms or electronic communications operators.
9.7 Access to the Service may be suspended, without notice, every day from 10pm to 6am and on Sundays for maintenance and the updating of data.
9.8 NTF will not be liable for any damage caused by the use of the Service in conjunction with additional software or hardware used by the Client or any damage caused by the Client’s other technical problems.
9.9 NTF will not be liable for editorial content, the quality and stability of the Service provided by websites linked to the Site, as part of a partnership between NTF and third-party websites. NTF cannot guarantee the maintenance of these sites. Equally, NTF can take no responsibility for operations performed on these sites by Clients.
9.10 NTF assumes an obligation of means in the performance of its duties. Accordingly, NTF cannot be held responsible for any shortcomings, in particular, those that may affect access to the Service. NTF can’t guarantee the continuous functioning of the Service, or that it is free off errors. NTF’s responsibility cannot be established, other than in cases of gross negligence or proven negligence in the performance of its duties and will be expressly limited as indicated in Article 9.4 above, excluding any other damages of any kind, including operating losses, collateral damage, loss of information and damage caused to third-parties.
10. END OF CONTRACT
10.3 NTF can legally terminate or continue the forced execution of the contract, without surrendering the right to immediate recovery of outstanding payments:
- in case of outstanding payments, 15 days after sending a registered letter with acknowledgment of receipt of formal notice,
- if the Client’s organisation files for bankruptcy or enters liquidation
- legally and without notice, in the event that the Client enters into competition with NTFs Service. In this case, NTF will refund the Subscriber, pro rata, the unused portion of their subscription.
11.1 In case of disagreement on the terms of the Service, the parties agree that records made by NTF, particularly Members’ usernames, access codes and personal passwords will act as proof between the parties.
11.4 According to French legislation concerning personal data protection and in particular the “Data Protection Act" of January 6, 1978, amended on August 6, 2004, the Client and Members have a right to access, modify, rectify and delete data concerning them (Articles 38). This right can be exercised by sending a letter to News Tank Football.