Standard Terms of Use

News Tank is a digital, subscription only agency, providing business information to executives. Subscription requires the recognition of these Standard Terms of Use (STU), valid from the 01/01/2017.

1. DEFINITIONS

Site refers to the News Tank website at the following address: 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, working in their organisation and having an email address attached to the Client's domain name.

Member Access refers to the possibility for a Member or Members, in compliance with this agreement, to benefit from News Tank’s Services.

Service refers to News Tank’s database, content, standard documents, resources and tools, search engine… reserved for Members use only. Access to and use of the Service is governed by these Terms of Use.

2. PURPOSE

  • 2.1 These Terms of Use seek to define the conditions under which Members will benefit from the Service.
  • 2.2 The right to use the Service may vary according to the level of Subscription.
  • 2.3 News Tank 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 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. DURATION

  • 3.1 The Subscription to the Service is effective from the date indicated on the subscription application form received by News Tank.
  • 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 News Tank 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. LIMITATIONS

  • 4.1 These Terms of Use are agreed between professionals and specifically relate to the Client’s professional activity. The Client recognises its responsibility to assess the quality, relevance, comprehensiveness and topicality of all the Service’s available content.
  • 4.2 The Client is responsible for the use of the content provided by News Tank, as well as interpretations or following actions or advice he deduces.
  • 4.3 These Terms of Use do not grant any intellectual property rights to the Client whatsoever.

5. DUTIES OF THE CLIENT

  • 5.1 Members will receive their login details consisting of a username and a password, granting them access to the Service, except under special conditions. Usernames and passwords are strictly private and provided for individual Members’ use only, who must keep them confidential. The Client must ensure that all Members are compliant with the conditions of these Terms of Use, including French Intellectual Property Law.
  • 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 News Tank 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 or any other brand name or trade name of the NEWS TANK NETWORK without prior consent from News Tank 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, News Tank 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

  • 7.1 News Tank reserves the right to modify these Standard Terms of Use at any time and will notify the Client of any changes by a post on the Site or by any other suitable means. Modified Terms of Use come into force from their date of publication on the Site.
  • 7.2 In the event of substantial changes to these Terms of Use, the Client may terminate its Subscription by registered mail with return receipt requested within one month of the publication of these changes. The termination will be effective one (1) month after the termination request is received by News Tank.

8. PROPERTY

  • 8.1 The Client acknowledges that the Subscription does not impart any status or ownership of the Service’s content. News Tank remains property rights holder and copyright holder under French law. As such, the Client will respect and comply with all particulars relating to News Tank’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 News Tank’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 agrees that any use of News Tank servers other than as permitted in these Terms of Use will be subject to a prior authorisation request.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 News Tank to produce, utilise or market any product that would act in direct competition with News Tank. Each Member agrees to comply with the French Intellectual Property Code. It is therefore prohibited, to reproduce, summarise, modify, alter or redistribute any News Tank articles, applications, software, logos, branding, information or illustrations, without News Tank’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, News Tank 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.
  • 8.3 News Tank reserves the right to publish, whenever it sees fit, updates or upgrades to its Service. These Terms of Use do not give the Client the right to new versions of the Service for free or at preferential rates. The Client agrees not to use the Service for illegal content production or content likely to adversely affect public order or the rights and lawful interests of others. The Client ensures that at News Tank’s first request against any harm that result of his challenge by a third party for breach of this warranty.

9. DISCLAIMER

  • 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 News Tank.
  • 9.4 News Tank 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 News Tank PROVIDES.
  • 9.5 Under no circumstances can News Tank be held responsible for damages cause by the use of the Service, including cases of its unavailability.
  • 9.6 News Tank 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 News Tank 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 News Tank 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 News Tank and third-party websites. News Tank cannot guarantee the maintenance of these sites. Equally, News Tank can take no responsibility for operations performed on these sites by Clients.
  • 9.10 News Tank assumes an obligation of means in the performance of its duties. Accordingly, News Tank cannot be held responsible for any shortcomings, in particular, those that may affect access to the Service. News Tank can’t guarantee the continuous functioning of the Service, or that it is free off errors. News Tank’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.
  • 9.11 News Tank cannot be held responsible for any loss of time or disruptions to production caused by the performance of services as laid out in these Terms of Use, resulting from the failure of part or all of the Service.
  • 9.12 Limitations and exclusions of liability set out in these Standard Terms of Use apply both to the Client and the Members who are responsible for their use of the Service in accordance with the conditions of these Terms of Use. It is the Client’s responsibility to ensure that Members understand and agree to all terms.
  • 9.13 By granting the Subscription to its Beneficiaries, the Subscriber is deemed to have obtained the consent of the said Beneficiaries for the protection of their personal data, the Subscriber guaranteeing that the Beneficiaries understand and accept the implications.

10. END OF CONTRACT

  • 10.1 These Terms of Use are effective until termination, which News Tank can implement within eight (8) days of sending a recorded letter with acknowledgement of receipt and without further notice if the Client has failed to comply with these provisions. As an exception to this, if News Tank is informed that the Service has been used for illegal purposes, News Tank may proceed directly to suspension or immediate termination.
  • 10.2 Without prejudice to provisions set out in Articles 6 and 10.1, in the event of breach of these Terms of Use, termination may be implemented by the creditor, without affecting the payable damages.
  • 10.3 News Tank 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 News Tank's Service. In this case, News Tank will refund the Subscriber, pro rata, the unused portion of their subscription.

11. MISCELLANEOUS

  • 11.1 In case of disagreement on the terms of the Service, the parties agree that records made by News Tank, particularly Members’ usernames, access codes and personal passwords will act as proof between the parties.
  • 11.2 The responsibility of either party will not be questioned if the performance of its obligations is delayed or prevented due to a case of force majeure such as: social conflicts, traffic jams, civil or military interventions, natural disasters, fires, water damage, malfunction or interruption of the telecommunications network or grid. In case of extension of the event beyond a period of three months, these Terms of Use may be terminated by registered letter with acknowledgment of receipt, unless otherwise agreed between the parties.
  • 11.3 If any conditions of these Terms of Use prove invalid under current law or if a judicial decision changes the relevant law, the condition will be deemed null and void without invalidating these Terms of Use nor affecting the validity of the remaining conditions within it. The fact that one or other of the parties does not claim the application of any provision of these Standard Terms of Use or agrees in its failure, whether permanent or temporary, can not be construed as a waiver by that party rights resulting for her from that clause.
  • 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.
  • 11.5 These Terms of Use are governed by French law. In case of legal dispute, jurisdiction is granted to the courts of Paris.
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