news aktuell (Schweiz) AG, Sihlquai 253, 8005 Zurich (hereinafter also referred as "news aktuell") offers worldwide journalist and media data for use via the PR software “renteria”. news aktuell provides users with access to all licenses and features booked in accordance with the offer signed by the customer as well as the option of storing their own data and information. Within the scope of the applicable licenses booked, the customer can call up the contact data and information contained in the attached database and use it for the business purposes mentioned here within the scope of the regulations given below as well as for archiving and maintaining its own contact data. Additional services such as the integration of own data and the follow-up research of own mailing lists are also offered as options.
Hereinafter, "system data" shall refer to all media and journalist data contained in the database which is not entered and managed by the customer himself in the form of his own data and mailing lists accessible only to himself. Data on blogs, bloggers and other social media influencers are subject to the separate regulation in section 2.V.
I. By signing the license agreement or registering for the service or using the service, you accept the validity of these GTC.
II. Registration is based on the number of users who will be given simultaneous access to the system. The application can only be used by persons for whom a subscription fee has been paid.
The use of the application as well as the system data is authorised exclusively under the following conditions.
I. news aktuell grants the customer the non-exclusive, non-transferable right of use for the modules booked under the license agreement over the period of the license term within the provisions stated here – e.g. the right to retrieve system data as well as own data, to create and manage own data records and mailing lists as well as to export the data for the purposes stated under point II or V and also to use the e-mail dispatch function.
II. The data retrieved by the customer in accordance with section "1. License" may be used exclusively for managing media contacts within the scope of the customer's own media relations. Authorisation to use exported system data outside the application is only granted once and must be used in a timely manner. For further use at a later date, an up-to-date data export must always be carried out, and long-term storage of data outside the application is not permitted. Furthermore, the system data may not be transferred, sold or otherwise passed on or distributed to third parties without the prior express written consent of news aktuell. Beyond the rights of use mentioned here, the license does not confer any rights to the customer. This provision shall continue to apply even after termination of the license agreement.
III. If the customer is active in the field of PR consulting or public relations for third parties – e.g. as a PR agency – he may also use the software and the system data contained therein within the scope of individual consulting mandates for managing the media contacts of his clients. Any use beyond this, in particular the passing on of access data or system data to clients of the customer or other third parties as well as the use for independent services of the agency is expressly prohibited.
IV. When using the e-mail function and dispatching his own e-mail to system data, the customer undertakes to send exclusively PR content and in particular not to engage in advertising, not to infringe any copyright or personal rights and not to violate competition law or other legal regulations.
V. The data on blogs, bloggers and other social media influencers that can be accessed in the application is to be understood as a pure directory and is therefore subject to the following separate regulation in contrast to the system data: When sending e-mails via the dispatch function in “renteria” or the customer's own e-mail systems, the customer must first obtain appropriate consent from the recipients to the mailing of PR content. The e-mail addresses are therefore not included in the exporting of data.
VI. If the customer enters his own contact data or data records in the application, he must personally ensure the necessary consent for the collection and storage of data and – if the e-mail function is used – for the mailing of PR content.
When using this service as a supplement to the renteria e-mailing, the following additional conditions apply to the respective content ordered:
The material will be published in the customer's own newsroom in the publicly accessible PR platform at www.presseportal.ch. The newsroom shall bundle all of the customer’s PR content distributed via news aktuell and establish a clear reference to the customer as the information source by displaying the customer's name with logo, a link to the homepage and, optionally, social media buttons. news aktuell provides the material published in this way to third parties for free editorial use and further distribution in the original under the conditions stated here: https://www.presseportal.ch/fr/nutzungsrechte. By placing the respective order, the customer transfers the necessary rights of use for this purpose to news aktuell.
news aktuell does not review the content or form of the published content. The customer alone is responsible for the content; the customer must supply the material free of third-party rights or else must obtain the necessary rights beforehand and must vouch that the material meets the general requirements of PR content and does not infringe – in content or form – valid law or statutes or the rights of third parties. Nevertheless, news aktuell reserves the right to remove individual publications without giving reasons (e.g. in the event of violations of the principles mentioned here or formal warnings by third parties). Any restrictions of the right of use vis-à-vis third parties must be entered by the customer in the material itself. news aktuell is not liable for compliance with such.
The customer must indemnify news aktuell from all third-party claims resulting from the contractual publication and/or archiving of the material by news aktuell and from the use of the contents by its users for the intended purpose and must compensate news aktuell for any damage, including the costs of appropriate legal defence in respect of such third-party claims.
The application is accessed via a password-protected Internet interface. The respective customer or user is solely responsible for maintaining the confidentiality of the user name and password and for all activities carried out under an account. In the event of a change of user or departure of employees or (e.g. in the case of PR agencies) at the end of the authorisation to act on behalf of individual third parties, the customer is obliged to provide news aktuell with notification of such.
I. Unless otherwise expressly agreed in writing at the time of concluding the contract, the term of the license agreement shall be at least one year.
II. At the end of the initial and any renewed term, the agreement is automatically extended by a further term of exactly the same duration, provided that the agreement was not cancelled in writing 3 months prior to the date of the end of the term.
III. The price is based on the selected licenses and additional services, as stated in the license agreement. During the respective license term, this price is a fixed price.
IV. news aktuell reserves the right to increase the prices for all services. However, an increase in royalties can only come into effect at the beginning of a new term.
V. Upon termination of this contract, the customer is obliged to cease using the application and the data contained therein with immediate effect and to delete all system data retrieved from the system and provided within the scope of the service from his computer systems, storage media and databases and not to retain any copies thereof. In the event of proven violations of this provision, a contractual penalty amounting to double the annual license fee for the most recent license version used shall be due. The right is expressly reserved to assert further claims for damages.
The license fees will be invoiced according to the payment option selected in the offer, all additional services booked directly after order execution. Invoices must be paid within 30 days of receipt without deduction. In the event of a considerable delay in payment by the customer, news aktuell reserves the right to shut down the access rights with appropriate advance notice.
I. In no event shall news aktuell be liable for the accuracy or completeness of the data provided. With its own research team for the regular review and updating of existing data and the collection of new data, news aktuell will make every effort to ensure the best possible data quality. Relevant details can be obtained from news aktuell.
II. news aktuell shall strive to respond to user queries as quickly as possible by e-mail or telephone as part of its customer support service.
III. Upon concluding the licence agreement, the customer assumes sole liability for the use and the mode of use of the data provided. news aktuell assumes in particular no liability for the use of the data outside of the permitted purposes of use expressly agreed here, the selection of recipients in the case of mailings from the customer, and the content and form of the material sent. The customer shall indemnify news aktuell in the event of claims by third parties which are caused by one of the points mentioned here and shall, if necessary, assume the reimbursement of legal defence costs necessary for news aktuell.
IV. news aktuell shall not be liable for loss or damage of any kind, including lost profits or other consequential damages, which arise due to the use (or the impossibility of use) of the application or as a result of defects or errors in the application or temporary malfunctions. In case of gross negligence, intent or violation of essential contractual obligations, statutory liability remains unaffected. Total liablity of news aktuell shall in no event exceed the annual amount paid by the respective customer for the service. Liability is excluded for cases in which news aktuell cannot fulfil its contractual obligations owing to force majeure circumstances.
Swiss law shall apply. The place of jurisdiction shall be Zurich.
As at: April 2020