Terms and Conditions
B3C newswire is a press release publishing service provided by B3C Group GmbH. By using the B3C newswire service or other services provided by B3C, the user agrees to the following terms and conditions.
A. License, Acknowledgements and Warranties
A B3C client (“Client”) submitting material to B3C for distribution via the B3C newswire grants B3C the worldwide rights to distribute, display, reproduce, reformat, translate, archive, license, edit, modify and create derivative works and/or excerpts of any such material for purposes of distributing the material as part of B3C’s products and services. The Client is solely responsible for the facts and accuracy of all information submitted for transmission by B3C newswire. The Client warrants and represents that the content of all materials submitted to B3C is accurate and original; that the Client owns or is an authorized licensee of the material provided to B3C for distribution; that the material does not violate or infringe upon any copyright, trademark, or other intellectual property or proprietary, personal, privacy, or other rights worldwide of other persons; that the material does not contain any defamatory material or viruses, scripts, macros or programs, or links to scripts, macros or programs; and that the material complies with all applicable laws and regulations. The Client further warrants and represents that all recipients included on any distribution list provided by the Client to B3C have expressly consented to receive advertising and/or promotional e-mail messages from the Client.
B. Exploitation Rights
(1) B3C shall distribute the corporate news within 2 (two) business days of receipt, or at a later defined time point if the Client prefers. The Client grants B3C the nonexclusive exploitation rights described in (2) and (3) below, which shall be unlimited in term and territory.
(2) B3C shall have the right to include the corporate news on receipt in B3C newswire RSS feeds and to publish same (as often as desired) either immediately or delayed. Moreover, B3C is entitled to print, translate, modify and/or editorially process the corporate news, to include same in its products, to reproduce and distribute same in a physical or non-physical manner - also via third parties - in its original state or in an altered or processed form, either for a fee or free of charge (irrespective of the form: e.g., as electronic or print products, via the Internet, WAP, GPRS, UMTS, push and pull services, etc.), and to include, distribute and/or make same accessible via its websites or other digital platforms (Internet, intranet, extranet, etc.). Furthermore, B3C shall be entitled to grant third parties access to and the right to distribute the corporate news via their own data bases either for a fee or free of charge. B3C may also grant the right to download and (permanently) store the corporate news to end-users.
(3) B3C is entitled to provide all of its customers and distribution partners access to the corporate news and sublicense the rights therein to the extent described in (2). In particular, B3C is entitled to permit its customers and distribution partners to print out and/or translate the corporate news, to include same in their products (irrespective of the form: e.g., as electronic or print products, Internet, WAP, GPRS, UMTS, push and pull services, etc.), and to include and distribute same via their websites and other digital platforms and to make them available to third parties via the Internet, intranet, extranet, etc. In addition, B3C is entitled to permit all of its customers and distribution partners to include the corporate news in a data base and grant third parties access to the data base or to the corporate news. The customers’ and distribution partners’ end-users may permanently store the corporate news.
(4) B3C is entitled to remove corporate news from distribution, insofar as it has sufficient reason for doing so. Moreover, B3C is entitled to remove the names of recipients from the subscription list for corporate news if they do not wish to receive the corporate news. The above shall not have any effect on the remuneration to be paid by the Client.
C. Disclaimer of Warranties
The Client agrees that use of the B3C website (“Site”) is entirely at the risk of the Client. Except as specifically provided in these terms and conditions, the Site and the materials on the Site are provided as is, without warranties or conditions of any kind, either expressed or implied, including, without limitation, the implied warranties of merchantability, suitability for a particular purpose, or non-infringement. B3C does not make any representations or warranties that the Site or materials on the Site or products and services purchased at or through the Site will meet the Client’s requirements or expectations, or that the operation of the Site will be uninterrupted, timely, secure or error-free. Some jurisdictions do not allow the exclusion of certain warranties; thus some or all of the above exclusions may not apply to the Client.
D. Limitation of Liability
The Client agrees that B3C and its employees, including those licensed or authorized by B3C to transmit and distribute materials, will not be held liable for any improper or incorrect use of the Site or the materials on the Site and assumes no responsibility for any user's activities on the Site or for the inaccuracy of any content on the Site. In no event will B3C be liable for any direct, indirect, incidental, special, exemplary or consequential damages, including, without limitation, procurement of substitute goods or services, loss of use, data or profits, or business interruption, arising in any way out of the use of (or inability to use) the Site or the materials on the Site or the inaccuracy of any content however distributed (e-mail, fax, RSS feed, Twitter, LinkedIn etc.), however caused, under any theory of liability. This disclaimer of liability applies to any damages or injury under any cause of action, including, without limitation, those caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus or bug, communication line failure, theft, destruction or alteration of or unauthorized access to the Site or materials on the Site. Some jurisdictions do not allow the exclusion of liability for incidental or consequential damages; thus some or all of the above exclusions or limitations may not apply to the Client.
E. Cancellation Terms
In the event that a press release order is cancelled after it had been set up ready for issue, the client is due to pay the fee for the Standard Distribution.
F. Force Majeure
If B3C is prevented or delayed in or from performing any of its obligations under the terms and conditions due to circumstances beyond its control, including but not limited to governmental acts, war, riots, strikes or trade disputes (including by and with our own employees), technical failure, general availability of the Internet, power failure, communications failure, weather, flood, fire or explosion, natural or local emergency, B3C shall not be liable for any resulting failure to provide services hereunder.
G. Entire Agreement, Severability, Successors and Assigns
These terms and conditions constitute the entire agreement between the parties, supersedes any prior agreements whether oral or in writing, and shall bind and inure to the benefit of the parties and their successors and assigns. If any provision of these terms and conditions is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
H. Disclaimer of Liability for Third Party Content and Links
The Client agrees that B3C is not responsible and will not be held liable for any third party content on the Site or any third-party content, products or services available on other websites accessed through links from the Site. Links to third-party sites are for the Client’s convenience only, and their inclusion on the B3C newswire Site does not imply any endorsement, guarantee, warranty or representation by B3C.
I. Payment Terms
Payment terms are net due upon receipt and charges become overdue after 30 days. Accounts not paid within terms will be charged 9% above the base rate of the European Central Bank plus overdue fines of 50,00 €. We reserve the right to charge back to the customer any bank charges related to returned checks, foreign currency translation or wire transfers as well as debt collection costs. B3C reserves the right to change prices and product/coverage specifications without notice.
J. Governing Law, Venue and Attorney Fees
These terms and conditions shall be governed by and construed in accordance with the laws of Switzerland. Any dispute arising under or related in any way to this agreement shall be adjudicated in a court of competent jurisdiction in Lucerne, Switzerland. In the event of litigation to enforce any provision of these terms and conditions, the prevailing party will be entitled to recover from the other party its costs and fees, including reasonable legal fees.
K. Rights Reserved and Change in Terms
Any rights not expressly granted herein are reserved. B3C reserves the right to change these terms and conditions at any time and for any reason by posting a notice on the Site home page. All such changes will become effective 10 days after the posting of such notice. The Client’s continued use of the Site after the date such changes become effective will constitute the Client’s acceptance of the changes and agreement to be legally bound by any modifications or amendments to these terms and conditions.