Site terms

WHEREAS
The present Websites http://www.midem.com/ and http://www.midem.net/ (hereafter “Website(s)”) comprises two parties, a public party, accessible for all, a private party, accessible for participants at MIDEM 2008 (hereafter “Participant(s)”) with their personal login and password (hereafter “MIDEMWorld”).

Access to and use of both parties are allowed under the following general conditions (hereafter “Site Terms”), together with terms provided for in our Private Policy and Uploading Specific Terms.

1. REED MIDEM’s INTELLECTUAL PROPERTY RIGHTS
Graphics, images, logos, web site design, music, software, any other elements and databases included in the 2008 MIDEM on line services are protected by a copyright owned by Reed MIDEM or related partners or Participants. The contents of the databases available on these Websites are also protected under the provisions of the French intellectual property code that incorporate the provisions of the European directive of 11 march 1996 on the legal protection of databases. The names and logos of Reed MIDEM and of its partners and the names of the Reed MIDEM fairs are protected trademarks. You agree not to use any part of the MIDEM Websites, through any means, for the purpose of exploiting commercially any part of said services.

In particular, MIDEMWorld allows Participants at MIDEM 2008 to upload some information they wish to present to other Participants about them, their activity, names, addresses, telephone, fax numbers, e-mail addresses, music, pictures, texts and other data related to their professional activities on their profiles: personal profile/company profiles/products profiles (including catalogues & services), and to access to other Participants’ profiles, in order to allow Participants to take commercial contacts. Each above mentioned data belongs to the Participant who has uploaded it directly or indirectly.  Participant declares therefore that he/she is the owner or authorised licensee of the uploaded data throughout the world and has obtained all necessary rights, clearances, consents, releases, waivers, and authorizations in respect of the uploaded data, has uploaded all necessary and accurate related information, name, credit and will immediately deliver to Reed MIDEM upon request all the relevant agreements.

Without limiting the foregoing, you agree that you will not use our site to take any of the following actions:

• Defame, abuse, harass, threaten, or otherwise violate the legal right of others;
• Publish, post, upload, e-mail, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;
• Transmit and/or send files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, our sites, any software or hardware, or telecommunications equipment;
• Transmit and/or send spam(s), unsolicited advertising or promotional materials, or chain letters, contrary to bona fide commercial prospecting and contacts, it being recalled that any correspondence or business dealings with Participants must respect the present Site Terms and the Privacy Policy and may not impair the proper operation of the services and run afoul the standards of Netiquette;
• Download any file and especially music files, that are only on line for private streaming listening and, more generally, download any file without having been expressly and previously authorised by Reed MIDEM to that purpose, being specified that Reed MIDEM has no obligation to consent to this;
• Falsify or delete any element of these Websites apart form those appearing on your own profile as Participant;
• Restrict or inhibit any other user from using our Websites, and more generally interfere with or disrupt our Websites, server, or network;
• Engage in any illegal activities.

Any unauthorised reproduction, communication to third parties, extraction, whether in whole or in part of the above-mentioned elements, will be deemed an act of infringement of intellectual property rights, or of the present agreement, or of unfair competition, as the case may be, and will be sanctioned accordingly.

Especially, according to French Law of 21 June 2004 “concerning confidence in digital economy”, the DMCA (Digital Millenium Copyright Act), the EUCD (European Union Copyright Directive) as of May 22, 2001, together with the French Law DADVSI as of August 2, 2006, and the present Websites making available information as uploaded by Participants directly or indirectly without having Reed MIDEM controlling such content, Reed MIDEM shall have the right, without any prior notice and without having its responsibility engaged in any manner, to suppress any data, music or other information uploaded directly or indirectly by Participants or to make them inaccessible, as soon as Reed MIDEM is informed or aware that these data, music or other information may considered as illicit. This possibility concerns also the music tracks uploaded by Reed MIDEM as transmitted by Participants for such purposes.

Therefore, if you believe that your rights have been violated and especially your intellectual property rights by any material on our website please provide us the following information:

• A description of the right that you claim as having been infringed;
• A description of where the material that you claim as being infringing is located on the site;
• An address, a telephone number, and an e-mail address where Reed MIDEM can contact you;
• A statement that you have a good-faith belief that the use is not authorised by the Law, copyright or other intellectual property rights owner and that you swear under penalty of perjury that the information in the notification is accurate and that you are the concerned person, the copyright or intellectual property owner or are authorised to act on the owner's behalf;
• Your electronic or physical signature,

to the following contact:
customerhelpdesk@reedmidem.com
Customer Helpdesk
Reed MIDEM
BP 572
11, rue du Colonel Pierre Avia
75726 Paris Cedex 15, France

It is often difficult to determine if your intellectual property rights have been violated. We may request additional information before we remove any infringing material. We may provide the alleged infringing party with your e-mail address so that that person can respond to your allegations. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter. If your materials have been removed based on the complaints of another party, Reed MIDEM will provide you with notice if your materials are removed due to alleged infringement of a third party's rights. We will also provide you with the e-mail address of the complaining party so that you may attempt to resolve the issue. We will restore your materials upon notification from the complaining party that the dispute has been resolved. More generally, Reed MIDEM reserves the right to terminate, restrict, limit or suspend anybody’s access and use of the Websites at its own discretion and for any reason and especially in the following circumstances, without limitation:

• Participant’s violation of the Site Terms or of the provisions of the Privacy Policy or of the Uploading Specific Terms;
• Requests by law enforcement bodies;
• Technical or securities issues or problems;
• Occurrence of a force majeure event.

You acknowledge and agree that Reed MIDEM shall not be liable towards the terminated Participant and/or any third party for taking any of these actions or terminations for cause.

2. RESTRICTIONS OF USE
You are not allowed to access the MIDEM online services by any means other than the interface that is provided by Reed MIDEM for use in accessing the Service.
Reed MIDEM reserves the right to modify or discontinue, temporarily or permanently, part or all of the MIDEM on line services. Such changes shall be posted on the websites themselves, no specific prior notice being imposed on Reed MIDEM.

3. LIABILITY
You are fully responsible of all content (including without limitation : information, software, music, images, messages, etc.) that you upload, post, email, transmit via MIDEM online services (hereinafter “Content”). Reed MIDEM assumes no liability whatsoever for damage arising from the erroneous, incomplete, objectionable character of the Content and its use.

You acknowledge and consent that Reed MIDEM may take measures that it deems fit or that are imposed by law or competent court(s) to ensure that Content does not violate rights of Reed MIDEM or of third parties or the present Site Terms.

You assume full liability for non compliance with the present Site Terms.

Reed MIDEM shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to loss of profits, goodwill, data, resulting, inter alia, from (i) the use or inabibility to use the MIDEM Websites; (ii) the unauthorised access to or alteration of your transmissions or data; (iii) statements or conduct of yourself, other Participants and/or third parties in the course of accessing or using the services; interruptions of and difficulties in the operation of the services.

Reed MIDEM is watchful regarding the correct functioning of the Websites and their peaceful use, but Reed MIDEM does not warrant their functioning without interruption or available error-free information and does not make any statement and warranty as for the content of these Websites, especially concerning the data uploaded directly or indirectly by the Participants.

You hereby hold harmless and indemnify and will at any time hold harmless and keep Reed MIDEM, any of its officers, directors, owners, employees, agents as well as its information providers, affiliates, partners, other Participants and licensors fully and effectively indemnified from and against all actions, proceedings, claims, damages, costs and losses, liability, legal costs (including attorneys' fees), expenses whatsoever made against or incurred by any connection to and use of the Websites and in consequence of any breach or non-performance of any of the representations, warranties or covenants contained in these Site Terms, notably a violation of rights of Reed MIDEM or any third person or entity, including but not limited to copyright infringement, trademark infringement, or any damage or infringement in link with your connection to and/or use of and/or accessibility to the Websites.

Reed MIDEM reserves the right, in case of its involvement in any matter for which it is sued due to a violation of rights caused by yourself as stated here-above, to assume its exclusive defense and control of the matter, at your own expense, and you agree to cooperate with our defense of these claims.

4. LINKS
The Site offers links to numerous sites managed by other companies than Reed MIDEM. Your consultation of these sites is your sole decision and liability and Reed MIDEM is not and cannot be held liable for the creation/non creation of links, the terms of operation, the nature of the content and resources available on these linked web sites and your access to and use of them.

5. LEGAL TERMS

• Corporate name: Reed MIDEM
• Corporate form: Joint Stock Company with Board of Directors
• Amount of corporate capital: 310 000 €
• Registered office: 9- 13 rue du Colonel Pierre Avia, 75015 Paris - France
• N° of registration in the Commercial and Companies Registry of Paris: B 662 003 557
• Phone Number: 33 (0)1 41 90 44 00
• Name of the responsible publisher: Paul Zilk
• Hoster:
  o Corporate name: Reed Exhibitions
  o Registered office: Gateway House, 28 The Quadrant, Richmond, Surrey, TW9 1DN, UK
  o Phone number: Tel: +44 (0) 20 8910 7910

6. MISCELLANEOUS
Reed MIDEM reserves the right to modify or, in general, to update this notice at any time without prior notice. You should therefore consult it regularly.

We may be required by to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on our site or delivering them to you through e-mail. We thank you to update your e-mail address. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you. You have the right to request that we provide such notices to you in paper format, and may do so by contacting: mailto:customerhelpdesk@reedmidem.com.

Nothing in these Site Terms shall be construed, especially concerning the Uploading of information, (i) to give either party the power to direct or control the daily activities of the other party; or (ii) to constitute the parties as principal and agent, employer and employee, franchisor and franchisee, partners, joint venturers, co-owners, or otherwise as participants in a joint undertaking.

All notices or other communications shall be given by email to the relevant party at the email addresses stated, for Reed Midem: customerhelpdesk@reedmidem.com, and for you, in your personal profile as filled on Midem.net.

If any clause is found null or invalid or may not be enforced under provisions of law or public policy, all other terms and conditions shall remain in full force and effect, and the invalid or unenforceable provision will be deemed replaced by a valid, enforceable provision that most closely matches the intent of the original provision.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Websites must be filed within one (1) year after such claim or cause of action arose or be forever barred.

These Site Terms, together with Private Policy and Uploading Specific Terms are governed by and shall be construed in accordance with French Law. For any dispute arising in connection with the construction and/or performance hereof, and failing an amicable settlement, the parties submit to the jurisdiction of the PARIS Commercial Court.