Terms & Conditions
Please read through these Terms carefully. By accessing the New Europe Newspaper web site at www.neurope.eu ("the Site") or by otherwise accessing any content found on this web site, you are deemed to have entered into an agreement with The Media Company S.A. ("TMC") and to have agreed to be bound by the terms set out below. The Site is owned and operated by TMC. These terms apply to your use of the Site and all the contents and design of the Site and any material e-mailed to you or otherwise supplied to you in conjunction with the Site (such contents, design and materials being collectively referred to as the "TMC Content") both irrespective of the delivery platform you use - e.g. desktop PC, laptop, mobile device, PDA or otherwise - and irrespective of how the Content is delivered to you - e.g. via web browser, WAP browser, email, SMS or otherwise. By accessing the Site you are agreeing to the terms and conditions below. If you use the Site in the course of your business, you are also agreeing to these terms and conditions on behalf of that business and should also read the paragraph in Section 2 regarding At Work Use.
If you do not agree with the terms and conditions (or are not authorized to do so) you should not use. If you have any questions please contact help@neurope.eu. We recommend that you print a copy of these terms and conditions for your records.
1. Access and Use
2. Privacy Policy and Registration
3. Discussion Forums
4. Technical Requirements and Site Security
5. No Warranty, Disclaimer of Liability and Indemnity
6. Third Party Sites and Services
7. Governing Law and Jurisdiction
8. General
9. Payment-Enabled Services
10. Corporate Information
11. Changes to Terms and Conditions
12. Force Majeure
13. Miscellaneous
These terms were last updated on 26th August 2006
1. Access and Use
Permitted Use: All TMC Content belongs to TMC or its licensors. TMC or its licensors own all intellectual property rights (including copyright and database rights) in the TMC Content and any selection or arrangement of the TMC Content. You may for your personal, non-commercial use:
retrieve and display TMC Content on any compatible device;
print a single copy of individual articles on paper (but not photocopy them);
email headlines appearing on The Site (but not full text articles) to a maximum of twenty individuals using our "Email This" service;
store such articles in electronic form on disk or on a mobile device (but not on any server or other storage device connected to a network); and
Use spidering technology to search and link to The Site, provided that you do not infringe the Restrictions on Use below.
Restrictions on Use: You may not use The Site for any unlawful purpose. Except as expressly set out above, you may not copy, reproduce, publish, broadcast, transmit, modify, adapt, create derivative works of, store, archive, publicly display or in any way commercially exploit any of the TMC Content. Without limitation, you may not do any of the following without prior written permission from TMC (and neither may you allow a third party to do any of the same):
with the exception of RSS feeds and personal, non-commercial use of the "Send to a friend" service redistribute any of the TMC Content, including our headlines (including by using it as part of any syndication, content aggregation, news aggregation, library, archive or similar service); or
Remove the copyright or trade mark notice from any copies of TMC Content made under these terms and conditions; or
create a database in electronic or structured manual form by systematically and/or regularly downloading, caching, printing and storing all or any of the TMC Content (by spidering or otherwise); or
frame, harvest or scrape the TMC Content or otherwise access the TMC Content for similar purposes.
Linking: If you would like to link to The Site, please read and comply with the following guidelines and all applicable laws. A site or service that links to The Site:
may display a New Europe logo, may not remove, distort or otherwise alter the size or appearance of the logo; may link to the homepage of The Site, and on an ad hoc, non-systematic basis deeplink to other pages of The Site; must not in any way imply that TMC is endorsing it or its products or services; must not misrepresent its relationship with TMC or present false information about TMC; must not be a site or service that infringes any intellectual property or other right of any person or that otherwise does not comply with all relevant laws and regulations; must not be a site or service that contains content that could be construed as distasteful or offensive.
TMC expressly reserves the right to require that any link in breach of these terms and conditions be removed and to take whatever other action it deems appropriate.
PLEASE NOTE THAT IN ADDITION AND WITHOUT PREJUDICE TO OUR RIGHTS AT LAW TO RESTRICT THE TYPES OF USE REFERRED TO ABOVE, THESE RESTRICTIONS ARE ALSO CONTRACTUAL IN NATURE AND BIND ALL USERS OF THE SITE.
At Work Use: If you are using The Site in an "at work" capacity (whether for a company, partnership, public sector body, charity etc.) and your use extends beyond personal, non-commercial use then you should contact TMC's Content Sales Team at contentsales@neurope.eu to discuss your business requirements, since it is possible that your use of TMC Content extends beyond what is permitted by these terms and conditions. In particular, all requests to republish, redistribute or syndicate TMC Content, whether headlines, full text articles (or parts thereof) or the right to use TMC Content internally within your business (for example, as part of a regular information dissemination service or on a company Intranet) or any external use that you may make (for example, within client reports or briefings) should be addressed to us, as such use falls outside the scope of use permitted by these terms and conditions.
2. Privacy Policy and Registration
All information received by you from your use of The Site will be used by TMC in accordance with our Privacy Policy.
On registration, you must provide TMC with accurate, complete registration information and it is your responsibility to update and maintain changes to that information on the applicable The Site registration pages. TMC is entitled to rely on any information you provide to us.
Each registration is for a single user only. On registration, you will choose a user name and password ("ID"). TMC does not permit any other person sharing your ID or access through a single ID being made available to multiple users on a network. TMC may cancel or suspend your access to The Site if you do this without further obligation to you.
You are responsible for all use of The Site made by you or anyone else using your ID and for preventing unauthorised use of your ID. If you believe there has been any breach of security such as the disclosure, theft or unauthorised use of your ID or any payment information, you must notify TMC immediately by e-mailing us at Help@neurope.eu.
We recommend that you do not select an obvious user password (such as your name) and that you change it regularly.
If you provide TMC with an email address that will result in any messages TMC may send you being sent to you via a network or device operated or owned by a third party (e.g. your employer or college) then you warrant that you are entitled to receive those messages. You also agree that TMC may refrain from sending messages to you without notifying you, even if you have subscribed to receive them, if we receive a request from a third party to stop sending messages to you.
If you register with The Site or if you subscribe to The Site Payment-Enabled Services (see Section 9 below) then you may choose to use The Site's "Remember me" log in feature that enables you to be logged in automatically to The Site whenever you visit without having to manually log in each time. However, we recommend that you do not enable this feature on any computer that is or may be used by anyone other than you in order to prevent unauthorized access by third parties to both your subscription details and features of The Site personal to you.
3. Discussion Forums
The Site may include bulletin boards, discussion groups and other public areas that allow feedback to TMC and interaction between users and TMC representatives ("Forums"). While TMC does not control the information/materials posted to Forums by users (the "Messages"), it reserves the right (which it may exercise at its sole discretion without notice) to delete, move or edit the Messages and to terminate your access to and use of the Forums and you waive any moral rights that you may have in regard to the Messages.
You must comply with any rules posted by TMC on a Forum. You may not:
post, link to or otherwise publish any Messages containing any form of advertising or promotion for goods and services or any chain Messages or "spam";
post, link to or otherwise publish any Messages with recommendations to buy or refrain from buying a particular security or which contain confidential information of another party or which otherwise have the purpose of affecting the price or value of any security;
post, link to or otherwise publish any Messages that are unlawful, threatening, abusive, libelous, indecent, infringe copyright or other rights of third parties or which contain any other form of illegal content;
disguise the origin of any Messages;
impersonate any person or entity (including TMC employees or Forum guests or hosts) or misrepresent any affiliation with any person or entity;
post or otherwise publish any Messages unrelated to the Forum or the Forum's topic;
post or transmit any Messages that contain software viruses, files or code designed to interrupt, destroy or limit the functionality of The Site or any computer software or equipment;
collect or store other users' personal data;
restrict or inhibit any other user from using the Forums.
You are solely responsible for the content of your Messages. By submitting messages to any Forum you agree to indemnify TMC from all claims, costs and expenses (including legal expenses) arising out of any Messages posted or published by you that are in breach of this Section 3.
The Forums contain Messages submitted by users over whom TMC has no control. TMC cannot guarantee the accuracy, integrity or quality of any Messages. Some users may breach these terms and conditions and post Messages that are misleading, untrue or offensive. You must bear all risk associated with your use of the Forums and should not rely on Messages in making (or refraining from making) any specific investment or other decisions.
TMC journalists (who will be clearly identified as such) will also contribute material to the Forums in order to stimulate discussions and ensure the smooth running of the Forums. The Forums may also contain messages from special guests selected by TMC. The opinions of those TMC journalists and special guests are their own and are not necessarily endorsed by TMC. They should not be considered by you as professional advisers.
By submitting Messages to any Forums you are granting TMC a worldwide perpetual, royalty-free, non-exclusive licence to reproduce, modify, translate, make available, distribute and sub-license the Message in whole or in part and in any form. This may include personal information such as your full name, job title, company or organization you work for, user name, alias and your expressions of opinion. TMC reserves the right to contact you by e-mail with regard to your use of the Forums.
It is not possible for TMC to fully and effectively monitor when Messages may infringe the copyright of a third party or other third party rights. If you believe that a Message infringes any legal rights that you may have, you should notify TMC immediately with specific details by contacting us at help@neurope.eu.
4. Technical Requirements and Site Security
The Site is best viewed with the latest versions of Internet Explorer, Mozilla, Firefox. Any payment information you send to us over the Internet is encrypted using 128 bit Secure Socket Layer technology. SSL is currently the preferred method to securely transfer credit card data over the Internet.
5. No Warranty, Disclaimer of Liability and Indemnity
The TMC Content is only for your general information and use and is not intended to address your particular requirements. In particular, the TMC Content does not constitute any form of advice, recommendation, representation, endorsement or arrangement by TMC and is not intended to be relied upon by users in making (or refraining from making) any specific investment or other decisions. Appropriate independent advice should be obtained before making any such decision. Any agreements, transactions or other arrangements made between you and any third party named on (or linked to from) The Site are at your sole risk and responsibility. Any information that you receive via The Site whether or not it is classified as "real time", may have ceased to be current by the time it reaches you. TMC is not responsible for any use of the TMC Content by you outside its scope as stated in these terms and conditions.
Whilst every effort has been made to ensure the high quality and accuracy of the Site, TMC makes no warranty, express or implied concerning the TMC Content, the Site, software or products or services available through the Site (the "Site Services"), which are provided "as is". TMC expressly disclaims all warranties, including but not limited to warranties of fitness for a particular purpose and warranties of merchantability. In no event will TMC, its affiliates or other suppliers be liable for direct, special, incidental, or consequential damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss) arising directly or indirectly from the use of (or failure to use) or reliance on the Site Services, even if TMC has been advised of the possibility that such damages may arise. TMC does not guarantee the accuracy, content, or timeliness of the Site Services or that they or related systems are free from viruses or other contaminating or destructive properties.
In no event will any liability of TMC, its affiliates, agents and licensors to you (and/or any third party) arising out of any kind of legal claim (whether in contract, tort, or otherwise) in any way connected with the Site Services or breach of these Terms by TMC exceed the amount, if any, paid by you to TMC in respect of the particular Site Service to which the claim relates.
Upon TMC's request, you agree to defend, indemnify and hold harmless TMC from any claims and expenses, including reasonable legal fees, related to any breach of these Terms by you or your use of any Site Services.
6. Third Party Sites and Services
The Site contains links to other Internet websites or online and mobile services provided by independent third parties ("Third Party Sites"), either directly or through frames. Third Party Sites may be co-branded with TMC and so include TMC's trade mark. TMC is not responsible for the availability or content of Third Party Sites and will not be a party to, or in any way responsible for, any transaction concerning goods or services available from such Third Party Sites. If you purchase products or services from a Third Party Site your contract for such products or services will be with the third party and not with TMC. Our Privacy Policy does not apply to Third Party Sites.
Copyright in any software that is made available for download from The Site belongs to TMC or its suppliers. Your use of the software is governed by the terms of any licence agreement that may accompany or be included with the software. TMC is not responsible for any technical or other issues that may arise if you download third party software. Do not install or use any software unless you agree to such licence agreement.
The Site contains advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on The Site complies with international and national law. TMC will not be responsible for any error or inaccuracy in advertising or sponsorship material.
7. Governing Law and Jurisdiction
These Terms shall be governed by, and construed in accordance with, Luxembourg law. The parties irrevocably agree that the courts of Luxembourg shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the Luxembourg courts.
For the exclusive benefit of TMC and to the extent possible in the applicable jurisdiction, TMC shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these terms and conditions are entered into in the course of your trade or profession, the country of the place of business in which you agreed to these terms and conditions or (if different) the country of your principal place of business.
8. General
You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions.
If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect.
Failure by either party to exercise any right or remedy under these terms and conditions does not constitute a waiver of that right or remedy. Headings in these terms and conditions are for convenience only and will have no legal meaning or effect.
9. Payment-Enabled Services
(a) General
TMC operates the following " Payment-Enabled " services: The Site Subscription Services, TMC newspaper Subscriptions and pay per article services. By subscribing to receive any of these Payment-Enabled, as well as the above terms and conditions, you are also agreeing to the terms in this Section 9. TMC reserves the right to vary the Payment-Enabled Services and does not guarantee that a Payment-Enabled Service will remain paid for or that a free-of-charge service will remain free-of-charge.
You agree to pay any fees at the rates in effect when the charges are incurred.
You must provide us with complete and accurate payment information. You can pay by either credit or debit card. By submitting credit or debit card payment details to TMC you warrant that you are entitled to purchase the Payment-Enabled Services using those payment details. In the case of unauthorised payments TMC reserves the right to suspend or terminate your access to the Payment-Enabled Services. If we do not receive payment authorisation or any authorisation is subsequently cancelled, we may immediately terminate or suspend your access to any Payment-Enabled Services.
TMC will try to process your subscription promptly but does not guarantee that the Payment-Enabled Services will be available to you by any specified time. A contract with you for receipt of the Payment-Enabled Services will come into effect when TMC confirms this to you.
There is no specific time limit applying to your use of the Payment-Enabled Services on these terms and conditions. However, TMC reserves the right to suspend or terminate your subscription to the Payment-Enabled Services if you breach these terms and conditions, with or without notice and without further obligation to you.
TMC will charge you in British Pounds Sterling, United States Dollars, or Euros, depending on the service and your country of residence. You may also have to pay any applicable local taxes.
(b) The Site Subscription Services
Scope: You may purchase a combined and/or individual subscriptions to The Site and/or the New Europe newspaper.
Pricing: The subscription price is set out on the pages which contain our subscription process. You can take out either an annual or 6-month subscription or any other fixed term or automatically renewing payment frequency that we may offer from time to time. TMC will notify you in advance of any price increases. If we give you a free trial, you will only be charged for with effect from the expiry of that free trial period. You are only entitled to one free trial each calendar year, and we reserve the right without notice and at any time to terminate any free trial over and above this amount. Eligibility for any discounts is ascertained at the time you subscribe and cannot be changed during the term of your subscription.
Newspaper Delivery: TMC will aim to commence delivery of the New Europe newspaper to you within 7-10 business days (Eurozone) or 10-12 business days (Rest of the world). Any failure to commence delivery within the foregoing timescales shall not constitute a breach of these terms and conditions by TMC.
Cancelling or Changing your Subscription: When you subscribe we may give you a free trial. You may cancel your subscription at any time during any trial period by contacting our Customer Services team at help@neurope.eu. Or alternatively, call +30210 8035000. Following the expiry of any trial period, you may cancel your The Site Subscription at any time by contacting our Customer Services team using the details listed above and TMC will refund you on a pro rata basis. This means that TMC will refund you or credit your account with any amounts you have paid us in advance that relate to any remaining period of your subscription. Any cancellation will be effective once TMC receives notice of it. You may also use the telephone numbers to temporarily suspend newspaper delivery.
10. Corporate Information
The Site and any New Europe newspaper subscriptions achieved through the site are operated by The Media Company S.A. registered in Luxembourg
11. Changes to Terms and Conditions
These terms and conditions were published on 26 August 2006.
12. Force Majeure
TMC, its affiliates and its information providers will not be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of the TMC Content resulting directly or indirectly from any cause or circumstance beyond its or their reasonable control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorised access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labour problems, wars, or governmental restrictions.
13. Miscellaneous
Changes to these Terms.
TMC may, in its discretion, change these Terms (including those relating to your use of Site and/or TMC Content). When Terms are changed, TMC will notify you by email or by publishing details of those changes by including them in these Terms. If you use the Site after TMC has published or notified you of the changes, you are agreeing now to be bound by those changes. If you do not agree to be bound by those changes, you should not use the Site any further after they are published. Access to certain TMC Content may be subject to additional terms and conditions.
Advertising, Third Party Content and other Web Sites.
Parts of the Site may contain advertising or other third party content. Advertisers and other content providers are responsible for ensuring that material submitted for inclusion on the Site complies with international and national law. TMC is not responsible for any third party content or error, omission or inaccuracy in any advertising material. The Site may contain links to other web sites. TMC is not responsible for the availability of these web sites or their contents.
Assignment of Agreement.
This agreement is personal to you and your rights and obligations under these Terms may not be assigned, sub-licensed or otherwise transferred. This agreement may be assigned to a third party by TMC.
Non-Waiver.
No delay or omission on the part of either party in requiring performance by the other party of its obligations will operate as a waiver of any right.
Notices.
Notices to TMC must be given in writing by letter and sent to TMC's last known place of business in Luxembourg (for the attention of the CEO).
Severability/Survival/Statute of Limitations.
If any provision of these Terms is invalid or unenforceable, such will not render all the Terms unenforceable or invalid but rather the Terms will be read and construed as if the invalid or unenforceable provision(s) are not contained therein. Any cause of action of yours with respect to these Terms must be filed in a court of competent jurisdiction in Luxembourg, Luxembourg, within one year after the cause of action has arisen, or such cause will be barred, invalid, and void.
Whole Agreement.
Save as expressly referred to herein, any representation, warranty, term or condition not expressly set out in these Terms shall not apply.
Headings.
Headings in these Terms are for convenience only and have no legal meaning or effect.
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