1. Use of services
Kontax is a professional press release site and is not designed for the publication of classified ads, personal advertisements, news items, or information copied in any form or manner from other websites.
Press releases should be directly related to their publisher’s activity, formatted to be read by the press, and have content of valid interest to professional journalists.
The use of the Kontax website and services (collectively referred to as the "Services") is subject to these Terms and Conditions. Kontax is a registered trademark of HTT SAS, whose head office is located at 216 Route de Neufchatel, 76420 Bihorel, France.
2. Language of the Terms and Conditions
2.1 Only the French version of the Terms and Conditions shall apply to the Services provided by Kontax. Any translation of the French version of the Terms and Conditions is provided where appropriate by Kontax for convenience only.
2.2 In case of conflict between the provisions of the French version and those of the translation, the provisions of the French language version shall prevail.
3. Acceptance of the Terms and Conditions
Use of the Services constitutes your acceptance of all of these Terms and Conditions.
4. Provision of Services
You hereby acknowledge and agree that Kontax may, at its sole discretion, modify or discontinue all or part of the Services without notice, whether definitively or temporarily.
5. Translation services
5.1 Translation services are provided by companies independent of Kontax. For this reason, although every measure is taken to ensure the skills and qualifications of these providers, in no case may the liability of Kontax be incurred for the quality of their services.
5.2 In the event of any claim or dispute concerning a translation service, you hereby acknowledge and agree that only the server provider may be held liable for same, and that the claim shall be resolved exclusively in connection with the provider concerned, in the manner of litigation settlement proposed by the latter.
5.3 The relations between a user of the Kontax website and a Kontax partner translation company are direct. You hereby acknowledge and agree that the contractual relations between the two parties are governed by the commercial terms of the translation company concerned, and the law applicable to same.
5.4 In the interest of other users and to respect the quality of their content, Kontax reserves the right to remove without notice translations by third parties considered to be amateur or automatic. Kontax also reserves the right to remove without notice press releases issued in the incorrect language version of the site, or those containing content considered to be offensive by users or Kontax partner translation companies.
5.5 Kontax also reserves the right to delete the accounts of users who publish content considered on several occasions to be offensive by users and Kontax partner translation companies. Kontax partner translation companies cannot be held liable if a user in their country publishes content deemed offensive by a third party in another country.
6. Use of Services
6.1 Access to certain Services requires you to provide information about yourself (such as identification or contact details) as part of the registration process to the Service or in connection with your use of the Services. You agree that all the information provided to Kontax for the purposes of registration will always be accurate, correct, and up to date.
6.2 You agree to use the Services only for the purposes permitted by the Terms and Conditions.
6.3 You agree not to undertake any activity that interferes with or disrupts the Services.
6.4 You hereby acknowledge that you are solely responsible for any breach of your obligations under the Terms and Conditions and consequences (including any loss or damage suffered by Kontax) of such a violation. You expressly agree that Kontax shall not be held liable by you or by third parties in this regard.
7. Security of your account and your password
7.1 You hereby acknowledge and agree that you are responsible for maintaining the confidentiality of the passwords associated with any account you use to access the Services.
7.2 Accordingly, you hereby agree that you are solely responsible with respect to Kontax for all and any the activities carried out on the Kontax website using your account.
8. Personal data
8.1 In accordance with Article 39 et seq. of the French law No. 78-17 of 6 January 1978 amended in 2004 relative to computers, files and freedom, you have the right to access, modify, correct, or delete the personal data supplied by you on this site.
8.2 You agree that your data may be used by Kontax accordance with the purposes of the Services.
8.3 After completing the application form to use Kontax, the URL of the potential user is transferred exclusively to the Kontax partner translation company for the country in which the user is located, so that the translation company can verify that the content the user is likely to publish on the Kontax website complies with the requirements of the site in terms of probity.
8.4 In addition to the use of your data for these purposes, they are neither communicated nor sold to third parties by Kontax in any form or in any manner whatsoever.
8.5 The users of the site Kontax accept that their trade name and / or logo can be used on the website or for promotional purposes.
9. Content of the Services
9.1 You hereby acknowledge that any information (such as data files, text, software, music files, audio, or other, photographs, videos or other images) which you can access within or through your use of the Services are the sole responsibility of the person having produced the content. All of this information is collectively referred to as "Content".
9.2 You are advised that the Content provided through the Services, including, without limitation, advertisements and sponsored Content within the Services, may be protected by intellectual property rights for the benefit of advertisers or sponsors that provide Content to Kontax (or any other persons or companies on their behalf). You may not modify, rent, license, lease, loan, sell, distribute or create one or more derivative work(s) (in whole or in part) from the Content unless that right has been expressly granted to you by Kontax or by the owners of such Content, as part of a separate agreement.
9.3 Kontax reserves the right (but is not obliged to exercise it) to preview, review, flag, filter, modify, reject or remove any or all Content from any Service.
9.4 You hereby acknowledge that, due to the use of the Services, you may be exposed to Content that you find offensive, indecent, or objectionable. In this regard, you hereby acknowledge that you use the Services at your own risk.
9.5 You agree to be solely responsible for all the Content that you create, transmit, or display through your use of the Services. You agree to accept responsibility for your actions (including any loss or damage suffered by Kontax) to this regard. You hereby acknowledge that Kontax cannot be held responsible to you or to others as a result.
10.1 You hereby acknowledge and agree that Kontax holds all the rights relating to the Services, including all intellectual property rights relating to the Services (regardless of the territory of protection, whether these rights have been registered or not).
10.2 Unless agreed otherwise in writing with Kontax, no provision of these Terms and Conditions grants you the right to use the trade names, trademarks, service marks, logos, domain names and other distinctive signs of Kontax.
10.3 Subject to the limited license provided for in Article 10 hereof, Kontax acknowledges and agrees that no rights relating to the Content (including all intellectual property rights relating to that content, and regardless of the territory of protection, whether these rights have been registered or not) that you submit, post, transmit or post on the Services, or through the Services, is transferred or assigned by you or your licensors under these Terms and Conditions. Unless agreed otherwise in writing with Kontax, you agree to be responsible for protecting the content and enforcing the rights to such Content. Kontax is under no obligation to do so on your behalf.
10.5 You agree not to remove, obscure, or alter any proprietary rights (including indications relating to copyright and trademarks) that may be indicated or contained in the Services.
10.6 Unless you have been expressly authorized in writing by Kontax to do so, you agree that, as part of your use of the Services, you will not use any trademark, trade name, or logo of any company or organization under conditions that may result, whether intentionally or not, in confusion about the owner or authorized user of such trademarks, trade names or logos.
11. License for Content
11.1 You retain the copyright and any other rights that you hold concerning the Content which you submit, post, or display on the Service, or through the Services. By submitting, posting or displaying the Content, you agree to grant to Kontax a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to reproduce, adapt, modify, translate, publish, perform, display and distribute any Content you submit, post or display on the Service, or through the Services. This license is for the sole purpose of enabling Kontax to display, distribute and promote the Services and may be revoked for certain Services as defined in the Terms and Conditions applicable to such Services.
11.2 You agree that this license includes the right of Kontax make such Content available to other companies, organizations or individuals with whom Kontax has relations for the provision of common services, and use it in conjunction with the provision of those Services.
11.3 You confirm and warrant to Kontax that you have all the rights, power, and authority necessary to grant the above license.
12. Ending your relationship with Kontax
12.1 The Terms and Conditions apply until terminated by you or Kontax as provided below.
12.2 You may terminate your contract with Kontax (a) by notifying such termination to Kontax at any time and (b) by closing your accounts for all the services you use, when Kontax has such an option available.
12.3 Kontax may terminate this agreement at any time if:
(A) you have breached any provision of the Terms and Conditions (or have acted in such a way to demonstrate clearly that you cannot or do not want to respect the provisions of the Terms and Conditions) or
(B) the partner with whom Kontax provided the Services has terminated its relationship with Kontax or has ceased to provide the Services, or
(C) Kontax is about to cease providing the Services to users in the country where you reside or from which you use the service.
12.4 No provision of this Article shall affect the rights of Kontax for the provision of Services under Section 4 of the Terms and Conditions.
12.5 Upon expiry of these Terms and Conditions, for any reason whatsoever, the rights, obligations and liabilities that Kontax and you have incurred, by which you have been governed (or have acquired during the performance of the Terms and Conditions) or which are intended to apply beyond the expiry of the Terms and Conditions will be unaffected by this cessation.
13. Disclaimer of Warranties
13.1 The Services are provided "as is". As a result, Kontax and its partners do not guarantee particular:
(A) your use of the Services will meet your requirements,
(B) your use of the Services will be uninterrupted, timely, secure, or error-free,
(C) any information that you obtain as a result of your use of the Services is accurate or reliable.
13.2 No conditions, warranties or other terms (including any implied warranties of satisfactory quality, suitability for a particular purpose or compliance with the description) apply to the Services, except as expressly provided herein and within the limits of this provision.
14. Limitation of Liability
14.1 Kontax and its partners cannot be held liable with respect to you:
(A) for any indirect or consequential suffered by you, and for any loss of profit (whether incurred directly or indirectly), any loss of goodwill or reputation, or loss of data suffered by you;
(B) for any loss or damage you may suffer resulting from:
(i) due to the incomplete or inaccurate nature of any advertisement, relationship or transaction between you and any advertiser or sponsor whose advertisement appears on the Services;
(Ii) any changes that Kontax makes to the Services or due to the permanent or temporary cessation of the Services (or any features within the Services);
(Iii) the deletion, corruption, or failure to store any Content and other communications data maintained or transmitted through the use of the Services;
(Iii) your failure to provide accurate information to Kontax about your account;
(Iv) your failure to maintain the security and confidentiality of your password and your account information.
15.1 Some of the services provided by Kontax are funded by advertising revenue and may display advertisements and promotions.
15.2 The terms and scope of advertising by Kontax on the Services are subject to change without notice.
15.3 In consideration for access to and use of the Services provided by Kontax, you hereby accept that Kontax uses these forms of advertising.
16. Other content
16.1 The Services may include hyperlinks to other websites, content, or resources on the Internet, over which Kontax has no control.
16.2 You hereby acknowledge and agree that Kontax cannot be held responsible for the availability of such websites or external resources and that Kontax does not endorse any advertising, products or other materials on or available from such sites or resources.
16.3 You hereby acknowledge and agree that Kontax cannot be held responsible for any loss or any damage you may suffer due to the availability of these sites or external resources, or due to the incomplete or inaccuracy of any advertisement, product or item available on such sites or resources.
17. Changes to Terms and Conditions
17.1 Kontax may change the Terms and Conditions at any time without notice.
17.2 You hereby acknowledge and agree that if you use the Services after the date of a change to the Terms and Conditions, that use will signify your acceptance of the Terms and Conditions as modified.
18.1 Your use of the Services may imply that, through the Services or because of the use of these Services, you use a service or download software or purchase a product supplied by another person or company. Your use of these other services, software, or goods may be subject to separate terms between you and the company or individual. In this case, the Terms and Conditions will not affect your relationship with these other companies or individuals.
18.2 The present Terms and Conditions constitute the entire agreement between you and Kontax and govern your use of the Services.
18.3 You agree that Kontax may send you notices, including those regarding changes to the Terms and Conditions, by email or through postings on the Services.
18.4 You agree that failure to exercise or waiver by Kontax to exercise any right or remedy provided in these Terms and Conditions (or which Kontax is entitled to exercise under any applicable law) will not deemed a waiver by Kontax of the right or remedy in question. Such rights or remedies will remain available in the future.
18.5 If any provision of these Terms and Conditions is declared invalid by a court of competent jurisdiction, such provision shall cease to apply, without affecting the other provisions of the Terms and Conditions, which shall remain in full force and effect.
18.6 It is expressly agreed that each Kontax partner translation company be considered a third party beneficiary of the Terms and Conditions. These companies shall be entitled to directly enforce, and rely upon, any provision of the Terms and Conditions which confers a benefit (or rights) on them. Subject thereto, no other person or company shall be deemed a third party beneficiary of the Terms and Conditions.
19. Governing Law
By using Kontax Services you hereby agree that these Terms and Conditions are governed by French law. You agree to submit any dispute arising under these Terms and Conditions to the exclusive jurisdiction of the Courts of Rouen, France. Notwithstanding the foregoing, Kontax shall be entitled to request the granting of any provisional measures, injunctions or other emergency procedures in any court of competent jurisdiction.