- Tuesday 16 March / 20h39 (Paris)
You are here: Conditions of Use Drinks Media Wire
Definitions
- User: Each person or legal entity that accesses the information and / or services proposed on the Drinks Media Wire site (abbreviation: DMW).
- Sender: A "user", (person or legal entity), who sends information to DMW, intended by contract to be diffused by the latter by Internet to receivers (free of charge or billed), whether they are registered or not with the site. As "senders" is understood companies and organisations, should they be DMW's clients or journalists, registered and authorised to send press releases thanks to DMW's intermediary services.
- Receiver: A "user", (person or legal entity), registered or not with DMW, who makes use of the information and services as proposed on the aforementioned site, for private, public or commercial use, either for free or billed, for his personal usage or for a third party , (person or legal entity).
- Distributor: A Web site, a portal, press media or news agency having signed an agreement with the distributor DMW, wherein the former sends out re-routed information for the former.
- In general, the sender ("company DMW client" or "organisation DMW client") sends a press release to the DMW distributor. The latter then undertakes its direct distribution to the other registered receivers (journalists, media, agencies, etc.) and distributors, as well as assuring its accessibility on its Web site for other receivers, registered or not (students, freelancers, other companies, etc.).
- To resume, a user can be a sender and behave as a receiver, and vice versa.
- Consequently, all users must abide by the following conditions, whether they be either "senders" or "receivers", or both.
The sender's rights and duties
The sender alone is responsible for the contents of information he sends to DMW; he must therefore ensure that he is authorised to diffuse and /or transfer for diffusion, each and every piece of the information in question: whether they be facts, texts, drawings, illustrations, pictograms, logos, photos, videos and any other document, which could be protected by law. As such, he consequently relieves DMW of all responsibility concerning the above as well as of any action undertaken by a third party regarding the contents and use of documents sent to DMW.
The sender agrees not to send out any messages or information, under whatever form, which would contend against the Internet laws and customs applicable, either in his country or in those where the message is to be received, and this be it whether he is acting in his name and / or in the name of any user delegated for this purpose.
Id est:
- Infringing on law and order: derogatory, vulgar, heinous, defamatory, discriminatory, threatening, revisionist, racist, xenophobic, obscene, pornographic, incestuous, paedophilic or commending proselytism;
- Commending or inciting suicide, terrorism, war, murder or any other criminal offence, even if considered minor;
- Facilitating the acquisition of articles, products or services which are unlawful (arms, poison, maps or schemas, subversive documents, etc.) or misappropriated (software piracy, serial numbers, viruses, dangerous algorithms, etc.) as well as any other material or advice which may jeopardise the safety of property and / or people, or which could impair their privacy.
Consequently, DMW has the right to destroy any message, which could fall in any of the aforementioned categories, as well as to inform the concerned authorities.
The sender relieves DMW and all distributors of a third party complaint concerning the contents and use of his messages, acknowledging that he is the sole owner or usufructuary.
The sender is entirely and solely responsible for all information he sends to DMW; be it HTML pages as well as any other known format or future format, and / or sound or image files created by the sender, excepting the messages drawn up by DMW on the sender's request and for the sender, made from original documents provided by the latter party and which remain his or her property (photos, sound, videos, texts to be re-written, etc.).
The receiver's rights and duties
The receiver cannot make use of any information whatsoever sent to him or her by DMW unless it respects the applicable copyright laws and regulations as well as those pertaining to people's rights, and this within the limits of the professional activity in question.
The receiver must never make use of any information whatsoever for commercial means, other than those defined by his professional status, even indirectly or free of charge, without prior authorisation of the concerned distributors and / or senders, including DMW.
The receiver shall not compete, directly or indirectly, with DMW, by unfair practices, a fortiori following any complaint whatsoever made against him or her by DMW.
However, the receiver has the right to send out press releases concerning his or her activity free of charge and via DMW, thanks to his or her status as an on-line or off-line media journalist, recognised and registered as such with DMW.
In return, the receiver guarantees that he or she will not abuse of the aforementioned privileges to diffuse any information whatsoever which could remotely be related to a brand name, and which would usually be subject to a financial contract.
If such a case should arise without DMW's prior authorisation, DMW would be compelled to interrupt all distribution until both parties reach a common consent.
The distributor's rights and duties
DMW reserves no rights pertaining to information and documents forwarded by senders and, in particular, cannot copy them for any use whatsoever if this is not previously stipulated in the contract. This naturally excludes backups and storage, necessary for efficient functioning of its services.
DMW does not sell information but it sells a circulation service (except for journalists for whom it is free of charge > see above); as such DMW can be considered as a free source of information.
In case of breach of contract, DMW agrees to destroy all databases, information and documents as forwarded by the sender requesting the breach.
DMW has the right to delete any message or remark they consider does not respect the international laws and regulations in force (>see paragraphs concerning the sender and the user).
DMW is responsible for the services it provides. It is not for the results entailed.
Id est:
DMW refuses to accept any responsibility concerning errors contained in the information it receives: barbarisms, misconceptions, syntactical or lexical mistakes, typing errors, faulty page layout, defective omissions or additions, disrespect of graphic and colour codes, various visual defects, faulty or substandard translations, etc.
DMW also refuses to accept any responsibility concerning any of the above errors contained in the information regarding its site, providing they do not cause prejudice to the contract binding DMW with the sender.
DMW refuses to accept any responsibility concerning bugs, failure, viruses, transmission errors, hacking and computer attacks which could affect the site despite the multiple safety measures set up by DMW.
DMW refuses to accept any responsibility concerning a difference of opinion between the users' expectations and DMW's promises, more especially those connected to the speed of transmission, the accuracy of translations, the security of information and the exemption of errors. Notwithstanding DMW's intention to provide an efficient and high quality service, as well as any possible commercial compensation that may be granted by the latter, the use of DMW's services is entirely at the user's risks and perils.
Each and every text, image and programme used in the making of a DMW site is protected under the corresponding copyright laws. Any wrongful exploitation, or exploitation which is not expressly formerly authorised will be subject to legal action.
In the case of forced necessity, DMW reserves the right to interrupt its activities without being liable for damages to any other party.
The user's rights and duties
The user's personal details, filled out in forms and submitted to DMW, are protected under the French Computers and Freedom law of 6 January 1978 and can be accessed freely via ‘My account’ (based on each page), where they can be subsequently corrected, completed or withdrawn.
See also Confidentiality Clause Drinks Media Wire.
The user agrees, in his own name and / or in that of any other user delegated by him, to respect the laws and regulations in force, including those concerning on-line services, commerce, information, the protection of minors, intellectual property, the respect for others, the privacy, and the safety of property and others.
Id est:
The user agrees to respect the international rights of others (rights or images of others and their belongings, respect of their private life); the international brands right (visual identities, logotypes, signatures, slogans, appellations and descriptions of products and services, etc.) as well as any international copyrights (right to distribute software, texts, photos, articles, drawings, videos, databases, sound, music, songs, etc.).
The sender agrees, in his own name and / or in that of any other user delegated by him, to respect the correct functioning of DMW and, in particular, to not disclose any passwords or information concerning the security of the site and its users, as well as to adhere to the instructions he receives and to not use or recommend using the identity of a third party.
The user agrees to respect the image and reputation of DMW, to decline from sending out malevolent messages on the Web or elsewhere and to withstand against any action, which could harm the existence or development of DMW.
Finally the user fully accepts the above conditions as from the moment he uses DMW's services, in full knowledge that his access to the site implies his entire recognition of the above.
In the case of any dispute arising from or relative to the use of DMW's services, which cannot be settled amicably, the Commercial Courts of Bordeaux, France, shall be solely competent, notwithstanding the plurality of the defendants or the guarantee appeal.
