TERMS OF USE
These terms and conditions (the “Terms of Use”) govern your use of Le News website (“the Site”) and your relationship with us. Please read these Terms of Use and our Privacy Policy carefully before using the Site as they affect your rights and liabilities under the law. If you do not agree to these Terms of Use, please do not register for or use the Site. In these Terms of Use and in our Privacy Policy “we”, “us” and “our” means Le New Sàrl and “you” means the individual who is using the Site.
- Use of the Site
The Site is provided to you free of charge for your personal use subject to these Terms of Use. By using the Site you agree to be bound by these Terms of Use.
All sales of subscriptions delivered by mail will be subject to other terms and conditions of sale agreed to at the point of order submission.
All personal data which we collect through the Site will be treated in accordance with our Privacy Policy. By registering your details you will be deemed to have accepted these Terms of Use.
- Disclaimer
2.1 The content of the Site is intended for general information only and is not be relied upon as advice on which to base any decision. To the extent permitted at law we do not accept any responsibility for any material appearing on the Site. If you have concerns about the accuracy of any content displayed on the Site please let us know.
2.2 The Site, and in particular the Comments, contain material submitted by third parties. In visiting the Site you accept that we do not pre-monitor or pre-edit posts on the Comments (see further details below of terms relating to use of Comments)
2.3 The Site contains advertising material submitted by third parties. Individual advertisers are solely responsible for the content of material they submit to us including ensuring that it complies with all relevant legislation and self-regulatory codes of practice. We do not accept any responsibility for the content of advertising material (see below for our terms and conditions of acceptance of advertisements).
2.4 Our Site includes hyperlinks to websites which are provided and maintained by third parties. We have no control over the content of such websites and you acknowledge that we have no responsibility or liability for in respect of such websites, and advise you to review the terms and conditions of such websites before accessing them. We accept no liability for any transaction you enter into with such third party through the Site, and, if you have concerns about the effects of any such transaction you should seek professional legal advice.
- Use of Material from our Site
3.1 All intellectual property rights in any information or material displayed by us on the Site are expressly owned by us or our licensors.
3.2 You agree not to copy, reproduce, transmit, extract, adapt or distribute materials from the Site, except for your own personal non-commercial use and reference only. Except where you are using a feature of the Site, for personal non-commercial use and reference only, the information on the Site may not otherwise be reproduced, distributed or transmitted to any other person or incorporated in any way into another document or other material without our prior written approval.
3.3 Any hard copies you make must retain all copyright and proprietary notices. You must not alter or try to alter any words, data, image or other item on the Site other than those items that are intended to be completed or changed by you.
- Liability
4.1 Although care is taken in the preparation of the Site, you hereby acknowledge that it is not technically possible to run the Site free of all faults, and we give no warranties, guarantees or representations as to the continuous operation of the Site and accept no liability for any time the Site is not operational due to fault, maintenance or introduction of new facilities or services. We give no warranty that any downloads will be free of viruses.
4.2 The liability of Le News Sàrl shall be excluded insofar as is legally admissible and unless otherwise stipulated below.
4.3 To the extent permitted by applicable law, we exclude liability for damages arising from non-contractual, contractual, fault-free or any other type of liability, regardless of whether the damage is direct, indirect, or incidental, consequential or indirect, of whatever type it is, including damages resulting from lost profits, loss of revenue, loss of opportunity, or demands and claims of third parties, even if we had the possibility to know, or had grounds to know, of such damages, demands and claims. We reject, to the extent permitted by applicable laws, any express, legal or implied guarantee or warranty in relation to or arising out of the use of the Site.
4.5 The material on the Site is designed to comply with Swiss law and we cannot be held responsible for any non-compliance with applicable local laws in any other jurisdiction.
5. Contributions to the Site
5.1 If you submit any contribution to the Site (including any text, photographs, graphics, video or audio) you agree to grant us a perpetual, unconditional, royalty-free, non-exclusive, transferable, sub-licensable license to use, reproduce, edit, translate, amend, adapt and distribute your contribution on the Site or otherwise. We reserve the right not to post any contribution, and may monitor and/or remove your contributions at any time without notice to you.
5.2 You warrant that your contribution is your own original work and/or that you have the right to make it available to us and that your contribution does not infringe any third party privacy, intellectual property, contractual or other proprietary right. You shall indemnify us if we incur any liability arising out of or in breach of this warranty. You waive any moral rights in your contribution.
5.3 You agree not to use the Site to engage in any activity which is unlawful and that you will not submit or post any material which is unlawful or which breaches the rights of any third party (including but not limited to defamation, invasion of privacy, harassment, obscenity, the transmission of indecent or offensive material, pornography or blasphemous or racist material). In particular (but without limitation) you shall not post any contribution which is in breach of these terms of use. You must not submit the same or similar contribution many times, or submit off-topic material in subject-specific areas. Do not swear. Trolling and abusive comments will be removed and we reserve the right to ban users who are abusive to others without notice to you. You must not use the Site to create or send any viruses, worms, Trojan horses or other files which disrupt the use of the Site or of any connected network software or hardware. Use of the Comment facilities is restricted to personal use as a private individual and must not be used to conduct any form of business or trade. Users must not attempt to pass themselves off as other users.
5.4 You agree that we only provide access for use of the Comments or other registered areas and that we do not act as publishers of any of the material posted there. In particular, you accept that we do not review, edit, moderate or amend material before it is posted. Users should report immediately any material which they believe may be in breach of our Terms of Use.
5.5 We may terminate your access to the Comments areas or other registered areas with immediate effect if in our sole opinion you are in breach of any of these Terms of Use, and you shall indemnify us against all losses, damages and other expenses that may be incurred by us as a result of such breach. We reserve the right to disclose the identity of registered Users of registered areas to the police or other law enforcement agencies or relevant authorities.
6. Advertisements on the Site
6.1 By placing an advertisement with us on the Site, you warrant that
(a) it complies in all respects with the law and regulations in force from time to time and all other relevant advertising (or other) legislation and codes of practice and
(b) it contains nothing which is defamatory or obscene and it does not infringe the copyright, moral rights or any other right of any third party; and
(c) you have all relevant consents, licences and approvals to publish the advertisement and that such publication shall not breach of any third party intellectual property or other rights; and
(d) you shall indemnify us in respect of all actions, proceedings, costs and claims arising from any breach of this condition.
6.2 If we provide artwork and design facilities to you in order to produce copy for advertisements then we will retain all intellectual property rights arising in the resulting designs and layouts unless otherwise agreed between you and us in writing. If we supply the artwork for your advertisement you shall only use it for the purposes of that advertisement unless otherwise agreed with us in writing.
6.3 You confirm that you have the right to sell the goods and/or offer the services set out in the advertisement and that they comply with any applicable law or regulation.
6.4 By submitting an advertisement to us, you assign all copyright in the advertisement to us and agree to waive all moral rights in relation to the advertisement. We may amend or edit any advertisement without notice to you and/or to remove the advertisement from the Site if in our sole opinion it is in breach of these Terms of Use.
6.5 It is your responsibility to check that your advertisement is correct and to notify us of any errors. We accept no liability for any advertisements not received by us or received in a corrupted form; for advertisements on the Site becoming out-of-date, containing typographical errors, or otherwise being factually inaccurate or omitted from publication by us, or for loss or damage to your artwork or photos We shall not be liable to you in contract, in tort or otherwise for any loss of profits, business, revenue, opportunity, goodwill or anticipated savings nor for any indirect, consequential or economic loss whatsoever arising in connection with your advertising on the Site.
6.6 It is your responsibility to check that your advertisement is correct and any errors found shall be notified to us immediately on publication.
6.7 All copy supplied electronically must be in the formats specified in our guidelines for the transfer of electronic copy, (details of which are available on request).
6.8 If notwithstanding the provisions of these Terms of Use purporting to exclude or limit our liability we are found liable to you then our total liability to you in contract, tort or otherwise shall be limited to the total of such fees paid or payable by you to us for the advertisement in connection with which such liability arises.
6.9 You agree that you are responsible for all complaints, legal actions or threatened legal actions relating to an advertisement and agree to keep us indemnified from all costs, damages and other losses howsoever arising from the publication of any advertisement on the Site (excluding those losses arising exclusively from editorial changes made by us on your advertisement).
6.10 You agree to further indemnify us against any losses we suffer as a result of your sending us material containing viruses or other files which cause damage or corruption to the Site.
6.11 The advertisement rates are subject to revision by us without notice to you at any time. We reserve the right to make additional charges where extra production work is involved.
6.12 We reserve the right to disclose the identity of advertisers to the police, tradings standards officials or other relevant authorities or third parties at our sole discretion.
6.13 All sales of print advertisements in Le News Sàrl’s newspaper “Le News” will be subject the General Terms and Conditions for Print Advertisers.
7. Competitions and Sales Promotions.
7.1 Competitions are open to all Swiss residents over the age of 18 other than our current employees or their immediate families. We will only accept one entry per person for each competition or sales promotion (unless stated otherwise in the case of promotions). Where entrants are required to submit material, you agree that copyright in any material submitted by you is hereby assigned to us and that we shall have the right to use and reproduce such material in any medium for any purpose and to authorise others to do so.
7.2 If you win a competition, you shall, if we ask you to do so, provide us with a photograph of yourself and agree to be interviewed for our own publicity purposes.
7.3 Save where otherwise stated, winners will be chosen within one week of the closing date and all entrants will be notified of the outcome of the competition within two weeks. Winners will be notified by email or phone and their names may be obtained by contacting us. The judge’s decision will be final.
7.4 All prizes are subject to availability and, should any prize be unavailable, a prize of similar price or specification will be substituted. No cash alternative will be offered.
7.5 In respect of competitions conducted by us in collaboration with a third party supplier or where the prize is provided by a third party you acknowledge and agree that we have no responsibility and no liability for the provision of any service or goods by the third party.
7.6 Competitions and sales promotions may carry their own specific individual terms and conditions in addition to those set out above. Such terms will appear on our Site at the point of entry to the competition or the description of the sales promotion. In the event of any conflict between individual terms and those set out above, the individual terms shall apply.
8. General
8.1 These Terms of Use shall be governed exclusively by Swiss law. Application of the Vienna Sales Convention (CISG) is expressly excluded. The place of jurisdiction is Geneva. Le News Sàrl may also bring suits against the ddvertiser where its registered office or place of residence is.
8.2 If any provision of these conditions is unlawful, void or unenforceable then that provision shall be deemed deleted and its deletion shall not affect the validity and enforceability of the remaining provisions.
8.3 No failure by us to exercise any of our rights under these conditions shall operate as a waiver of our rights.
8.4 The contract formed on these conditions between you and us is for the sole benefit of you and us and is not intended to confer any benefit upon any third party.
8.5 Your rights under these conditions are personal to you and us and you shall not assign or transfer them. We shall be able to assign or transfer our rights under these conditions at will.
9. Changes to our Terms of Use
We reserve the right to amend these Terms of Use at any time. Amendments shall apply as soon as they are published on this website. We therefore advise you to check this page on a regular basis.
These Terms of Use were last updated on 15 July 2014.
