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 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 News Tank’s Services.
- 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.
- 3.1 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.
- 4.2 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.
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 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
- 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.
- 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.
- 9.13 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
- 10.3 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.
- 11.1 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.
- 11.4 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.