Terms & Conditions of Use
The Baume & Mercier Press section of this website (the "Press Lounge") is provided by Baume & Mercier, branch of Richemont International S.A., 50, chemin de la Chnaie, CH 1293 Bellevue, Geneva, SWITZERLAND ("Baume & Mercier"). Use of the Press Lounge and access to the contents therein is restricted to use by journalists who have been approved and authorised by Baume & Mercier following their registration ("Authorised Journalists") only. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE PRESS LOUNGE
Journalists must register with Baume & Mercier before being granted access and use of the Press Lounge containing both information about Baume & Mercier and its products and visual materials.
Use of the Press Lounge is subject to the following Terms and Conditions of Use (the "Terms"). Baume & Mercier may revise the Terms from time to time by updating this posting, with the revised Terms taking effect for all Authorised Journalists as of the date of its posting on the Press Lounge. Consequently, Authorised Journalists should refer back to the Terms regularly.
By registering for access to the Press Lounge, Authorised Journalists signify their assent to these Terms. Journalists who do not accept these Terms, should not register for access and may not use the Press Lounge or any of the content therein.
Use of Materials available from the Press Lounge
Baume & Mercier maintains the Press Lounge as a working tool, notably to facilitate access to current information and images for newsworthy editorial use only. The content available from the Press Lounge is strictly reserved for use by Authorised Journalists in the normal course of their professional activities in particular for the preparation of articles and press reviews for publication for example in newspapers and magazines. Any copying, reproduction, circulation or distribution of any material contained in The Press Lounge to unauthorised third parties is expressly prohibited. Authorised Journalists should assume that everything they see or read on The Press Lounge is proprietary information and, as such, is protected under national intellectual property laws worldwide and international treaty provisions, unless otherwise noted.
Authorised Journalists may not sell, reproduce, share, communicate or otherwise distribute to any third party, modify, display, report or otherwise use any of the content in any way whatsoever except for the prescribed purposes as set out above.
Information and content made available from or submitted through the Press Lounge may not be used or displayed on any web site or in any other networked computer environment without prior written authorisation from Baume & Mercier unless such use is in relation to newsworthy editorial articles for the on-line press.
Any unauthorised use of the Press Lounge content by an Authorised Journalist may violate notably copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. If Baume & Mercier becomes aware or suspects that an Authorised Journalist has infringed any of these Terms, permission to use or access the Press Lounge and the content therein may be terminated immediately and the User Profile cancelled. In this event, the journalist must immediately destroy and/or delete any copies made of any content from the Press Lounge in whatever format.Furthermore, Authorised Journalists may not establish outside links to The Press Lounge or any of its pages from any web site.
Furthermore, Authorised Journalists agree to:
i)respect all embargos on the release and/or publication of press notices;
ii)notify Baume & Mercier immediately in the event that they become aware of any unauthorised use of their User Profile, including security breaches of whatever nature (for example circumvention or hacking);
iii)ensure that computer terminals have restricted access and that they logout correctly at the end of each session on the Press Lounge.
Trademark Notice
The Baume & Mercier trademarks, logos and service marks appearing on The Press Lounge are registered and unregistered trademarks of Baume & Mercier or its affiliates or have been licensed to Baume & Mercier and its affiliates by third parties. Nothing contained in the Press Lounge should be construed as granting, by implication or otherwise, any licence or right to use any trademark displayed on the Press Lounge with the exception of use as defined above. Misuse of any trademark displayed on the Press Lounge except as provided herein, is strictly prohibited.
Copyright Notice
The copyright in all content and images available from the Press Lounge is either held by Baume & Mercier or used by Baume & Mercier under licence. Authorised Journalists acquire no rights in the content or visuals and Baume & Mercier makes no warranties with regard to the use of the same.
Any copyright notices appearing adjacent to visuals should be reproduced in an identical form. In all other cases and unless otherwise indicated, the following photographic credit must appear adjacent to any visuals made available in the Press Lounge: Copyright Baume & Mercier. All rights reserved.
Authorised Journalists may not use any images in any way that could be construed as derogatory, defamatory, pornographic or illegal. The right to adapt, modify, crop or create derivative works from visuals is expressly prohibited.
Authorised Journalists may not use any visual in such a way that it would violate the image rights or the rights of privacy or publicity of any person who appears in any such visual. Nothing contained in these Terms should be construed as granting, by implication or otherwise any right or licence with respect to the name, likeness or other characteristic of any person who appears in any visual. Authorised Journalists are solely responsible for obtaining the necessary releases and permissions to use the name, likeness or other characteristics of any such person.
Other than for the prescribed purposes, Authorised Journalists may not store, syndicate or archive any visuals in a database. Furthermore, they may not grant any right or license to use content from the Press Lounge to any unauthorised third party.
User Profiles
Once registered, Authorised Journalists will receive unique logins and passwords ("User Profile"). User Profiles are strictly personal and may not be shared with or disclosed to any unauthorised party. Authorised Journalists will be held liable for any damage caused through use of their User Profile by any unauthorised person, including liability for unauthorised use of any content available from the Press Lounge.
Personal Information and Data Collection
Authorised Journalists hereby expressly authorise Baume & Mercier to collect Personal Information relating to them, such Personal Information being provided by them on registration. Furthermore, Authorised Journalists hereby expressly authorise Baume & Mercier to collect data relating to their use of the Press Lounge, such data being automatically provided when they log on to the Press Lounge through the use of tracking software (including cookies). Baume & Mercier uses this data, in particular, to improve the Press Lounge and to fulfil any requests from Authorised Journalists, and/or to respond to any questions or comments Authorised Journalists may choose to submit.
Baume & Mercier also uses this data to survey use of the Press Lounge and prevent any abuse of the same.
Furthermore, Baume & Mercier may use Personal Information for normal business purposes and as a marketing tool to send invitations or inform Authorised Journalists of other special Baume & Mercier events.
Baume & Mercier will use its reasonable endeavours to ensure that such data is kept secure and is accessible to authorised Baume & Mercier and/or affiliate companies' personnel. Furthermore, Baume & Mercier may provide access to persons or companies who carry out internal operations in relation to its business. Baume & Mercier does not sell, rent or otherwise make available any personal data to third parties, except to its legal advisors or as may be required by law.
Authorised Journalists may request access to and/or correction of any erroneous information concerning their Personal Information.
Any request concerning Authorised Journalists' Personal Information and/or cancellation of their registration should be sent to:
Baume & Mercier
Attn : Press Relations
Data Protection Officer
Branch of Richemont Internatonal S.A.
50, chemin de la Chnaie
CH 1293 Bellevue, Geneva
SWITZERLAND
Responsibility
The Press Lounge is made available to Authorised Journalists "as is" and it should be accessible 24/7. However, Baume & Mercier may modify the service, discontinue the Press Lounge or cancel Authorised Journalist's access to the Press Lounge, with immediate effect, at its entire discretion at any time. Furthermore, Baume & Mercier does not guarantee an uninterrupted access to the Press Lounge, nor that is error free or completely secure. Consequently, Authorised Journalists accept that Baume & Mercier cannot and will not accept responsibility for any error, omission, interruption of service, whether temporary or permanent, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, alteration of, whether or not arising during operation or transmission as a result of server functions, virus, bugs or other causes outside its control and that any such event as described will not give rise to any right to claim for damages, indemnities or any other form of compensation of any nature whatsoever to the Journalist.
Baume & Mercier cannot accept any responsibility for any damage or loss of any kind suffered, directly or indirectly, in any way whatsoever, through use of the Press Lounge. In particular, Baume & Mercier is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment, software failure of any kind on account of technical problems or traffic congestion on the Internet, telephone lines or any combination thereof, including any injury or damage to Authorised Journalist's or any other person's computer or mobile telephone and the like related to or resulting from use of the Press Lounge.
Furthermore, any costs, related to access and use of the Press Lounge by an Authorised Journalist including, but not limited to hardware, software and all Internet connection charges payable to Authorised Journalist's service provider and/or telephone company, shall be borne by Authorised Journalist.
Authorised Journalists understand and agree that non-compliance with the Terms could cause irreparable damage to Baume & Mercier and/or its affiliated companies. Consequently, Authorised Journalists shall indemnify Baume & Mercier against all damages (except punitive damages), liabilities, and expenses (including reasonable attorneys' fees and permitted and authorised costs), arising out of or as a result of claims by third parties relating to their use of any content from the Press Lounge or any breach of these Terms.
EVERYTHING ON THE PRESS LOUNGE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, REASONABLE CARE AND SKILL, OR NON-INFRINGEMENT.
Under no circumstances whatsoever shall Baume & Mercier be liable for any loss arising out of or in connection with the use of information or visuals available from the Press Lounge whether direct or indirect including, without limitation, any liability relating to any loss of use, interruption of business, lost profits or lost data, or incidental, special or consequential damages of any kind regardless of the form of action, whether in contract, tort (including negligence) or otherwise, even if Baume & Mercier has been advised of the possibility of such damages.
This limitation of liability will benefit Baume & Mercier, its affiliated companies, directors, managers, employees and agents etc. and will apply to any action in law based on these Terms whether for negligence or other act based on use of the Press Lounge and the images.
Termination
Baume & Mercier may terminate Authorised Journalists' access and use of the Press Lounge if it reasonably believes that they have violated or acted inconsistently with these Terms, or violated its rights or those of any third party, or for any reason with or without notice.
In the event that access to the Press Lounge is terminated, for whatever reason, no indemnity of any nature whatsoever will be due to Authorised Journalist or its employer by Baume & Mercier.
Upon cancellation of the User Profile and access to the Press Lounge, Baume & Mercier will, on request, remove personal information from its Authorised Journalist database.
Severability
If any portion of these Terms is held to be unenforceable, the unenforceable portion shall, to the greatest extent possible, be construed in accordance with Swiss law. If any portion of these Terms become or are declared to be illegal or otherwise unenforceable, such portion of these Terms shall be where possible replaced with a valid provision, which most closely approximates the intent and economic effect of the invalid provision. All remaining Terms shall remain in full force and effect.
Applicable law
These Terms shall be interpreted in accordance with the laws of Switzerland without regard to its conflict of law provisions. In the event that any dispute arises in relation to these Terms, the Parties hereto agree to meet in good faith in order to resolve the dispute amicably.
Failing amicable resolution, all disputes, actions or claims between the Parties whatsoever arising shall be adjudicated upon by the courts of the Canton and Republic of Geneva, Switzerland to whose exclusive jurisdiction the Parties hereby irrevocably submit.
Date of Posting: January, 2011