SITE TERMS

WHEREAS

The present Websites http://www.midem.com/, http://www.midemworld.com  and http://www.midem.net/ (hereafter “Website(s)”) contain a public party, accessible for all Internet users and a private party, accessible only for participants at MIDEM 2011 (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”) including the Privacy Policy, and the Uploading Specific Terms for any Participant who wishes to upload audio and/or video titles on midemworld.

1. REED MIDEM’s INTELLECTUAL PROPERTY RIGHTS

Graphics, images, logos, web site design, music, software, any other elements and databases included in the 2011 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 to MIDEM 2011 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 Websites 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 free 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 or conten that you claim as being infringing is located on the Website;
• An address, a telephone number, and a valid e-mail address where Reed MIDEM can contact you;
• A statement that you have a good-faith belief that the use you pretend being unlawful is not authorised by the relevant and applicable 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 whether 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 yourself, your company, a Participant which has been duly excluded from access to the Websites as stated here-above 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, videos, images, messages, personal opinions or viewpoints, quotations, references 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 under your own 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: Simplified Joint Stock Company
• 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 www.Midem.com ; www.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 Privacy 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.

Privacy policy

Welcome to Reed MIDEM’s website www.midemworld.com (hereafter: the "Portal").

Since 1994, Reed MIDEM, member of the Reed Exhibitions group, has been offering Internet services and secure Websites (hereinafter called "the Sites") which are user-friendly and respectful of their users' rights.

We undertake to respect the privacy of users of these Sites and in particular the Portal. We have consequently prepared this Data Protection Notice (hereafter: the “Privacy Policy”) to explain the nature of the information gathered on the Portal when you visit them, and the ways in which it may be used.

1. DEFINITIONS

Reed MIDEM respects the privacy of every individual who visits the Portal, and all other Sites owned, operated or maintained directly or indirectly by Reed MIDEM.

Reed MIDEM hereby informs you on the terms and conditions under which data that we collect from you on the Portal will be used, shared and otherwise treated. This Privacy Policy will also instruct you on how you can verify the accuracy, and control certain uses, of the information you provide to us on the Portal. Reed MIDEM abides by the constraining French and European rules in terms of protection of personal data and privacy. Personal data processing carried out by Reed MIDEM in the framework of the Portal were notified to the French Data Protection Authority, the CNIL (www.cnil.fr).

The Portal is governed by French law. Any use made of it must comply with its terms and will be deemed to have taken place on French territory. Any access to and/or use of the Portal is deemed to express unreserved acceptance of these Privacy Policy.

For the purpose of the present privacy policy, Reed MIDEM considers its clients (hereinafter “Clients”) to be:

• Visitors and PSB (Participant without a stand) to exhibitions,
• Exhibitors at exhibitions and their affiliates,
• Conference participants,
• The press
• Sales representatives of Reed MIDEM.

For any additional information, please contact Reed MIDEM’s team by sending an email to customerhelpservice@reedmidem.com.

2. COLLECTION AND USE OF DATA

2.1 - Information collected

Reed MIDEM collects personal data on Clients, in accordance with the French Data Processing, Data Files and Individual Liberties Law dated January 6th, 1978 through, inter alia, paper and electronic forms used for participation to Reed MIDEM events, answers to satisfaction questionnaires and participation to surveys as run from time to time by Reed MIDEM, information supplied in the course of visiting Reed MIDEM websites, including information provided upon request by Reed MIDEM to allow it to answer queries on Reed MIDEM’s products and services.

Reed MIDEM distinguishes two kinds of personal data supplied by its Clients which are processed as described below.

• Financial Information
  Information associated with payments, which is obtained during registration procedures (e.g. credit card numbers, names of financial institutions and credit card expiry dates, listed by way of example but not of limitation) is classed as "Financial Information".

• Business Information
  Business Information includes Clients’ names, addresses, telephone and fax numbers, e-mail addresses and other personal data related to professional activities. The data collected during a Client's visit to the Portal is classed as “Business Information”.

2.2 - Use of Business and Financial Information

• Financial information
  Reed MIDEM uses Financial Information exclusively for purposes of processing registration, as well as for accounting and debt collection purposes.

• Business information
  Reed MIDEM uses Business Information and share it on a need basis with other organizations, partners or contractors of Reed MIDEM, to enable or to facilitate the performance of contracts entered with the Clients for the supply of products and services as well as to inform them on Reed MIDEM’s similar products and services. Reed MIDEM may also have to disclose Business Information to comply with applicable law and/or court injunction, and to compel respect of rights, property and safety of Reed MIDEM or of third parties.

As part of Portal online services, Clients have access to a database containing Business Information, to allow them to identify the Clients and to communicate with them using their contact details, including their email addresses.

2.3 - Use by Client of other Client’s personal data

Each client having authorized access to Portal online services commits to make a use of personal data of other Clients in a good faith manner in compliance with the French Data Processing, Data Files and Individual Liberties Law dated January 6th, 1978 and the standards of Netiquette and conduct of business dealings in terms mutually approved by the concerned Clients. It is prohibited to use the Portal online services to collect or store personal data about other Clients.

Commercial use of Clients’ personal data made available in the course of the Portal on line services and not expressly agreed by the concerned Client is formally prohibited and subject to court action for remedy.

The Client is fully liable for conforming with applicable rules, more specifically those set forth in the French Data Processing, Data Files and Individual Liberties Law dated January 6th, 1978, regarding the transfer of personal data of Clients to third countries.

3. SECURITY

3.1 - Rights guaranteed by the French Privacy Law

In accordance with the provisions of French law 78-17 dated January 6th, 1978 related to “Information Technology and Civil liberties” (Law No. 78-17 of 6 January 1978 amended by Law No. 2004-801 of 6 August 2004), if you have previously submitted personal data to Reed MIDEM, you have the right to access, rectify or object to the personal data relating to you.

You may thereby require any information concerning yourself which would be untrue, incomplete, and ambiguous or obsolete, to be modified, completed, clarified, updated or deleted.

If you wish to exercise that right, please contact us.

Please also note that once we receive your request, it may take up to 3 weeks to become effective.

• Rights provided by the Trusting Digital Economy Law

In accordance with the provisions of the French law 2004-575 dated June 21st, 2004 related to « Trusting Digital Economy”, you have the right to opt out of receiving future marketing communication from Reed MIDEM through use of your electronic contact details.

If you wish to opt out, please click hereunder:

Thank you for not sending future commercial offers for products and services through use of my email, unless to respond to an express request on my part.

4. USE OF COOKIES

The Portal managed by Reed MIDEM uses a secure server to protect financial and business data. To the extent that the Portal offer secure server software, it is used to encrypt the information exchanged between your Web browser and our the Portal. This measure ensures the security of your business and financial transactions when you use the Portal. We follow strict security procedures when filing and using the information you supply, and may request proof of your identity before supplying you with business information. We take all reasonable steps to ensure the secrecy of your personal data and passwords.

You are fully responsible for maintaining the confidentiality of your password and abstaining from communicating it to any other person and you are solely liable for activities that occur under your password and login. Reed MIDEM disclaims all liabilities for inaccuracy of your personal data and in case of theft, loss, misuse, communication, fraudulent use of your login and password arising from your failure to comply with the above.

5. LINKS TO OTHER SITES

The Portal may use cookies in the case of on-line purchase procedures to ensure the smooth operation of your on-line payments, to facilitate your registration procedures and to eliminate the need to input information that you have already provided during a previous visit to the Portal, or in the case of sections protected by a password.

Cookies are small information files that a website can send to the hard disk of a personal computer for traceability reasons. They are not executable programs, and cannot contain viruses or applications. The cookies used only take up a minimal amount of space on your hard disk.

Most browsers are initially set to accept cookies. However, you can always prevent cookies from being recorded on your computer by using the options provided by your browser. If you do so, some parts of the Portal may not operate as well as they should.
For more information on cookies and configuration of your web browser, you may visit the French data protection authority website at: http://www.cnil.fr/index.php?id=42.

6. STATISTICS

The Portal provides links to third-party websites managed by other companies than Reed MIDEM. Reed MIDEM neither publishes nor monitors the sources and content of these websites nor their links with other sites.

Due to the open communication nature of the Internet, Reed MIDEM cannot guarantee that communications between you and the Portal, and the Portal and you, will be free from unauthorized access by third parties. Users of the Portal use these sites at their own risk.

The links to these third-party websites that may also collect personal and non personal data, in no manner constitute Reed MIDEM’s approval or validation with the contents of these websites nor Reed MIDEM’s association with the owners and/or the publishers, designers, webmasters, managers or hosts of these websites who each should have their own privacy policy and data collection practices, independent of Reed MIDEM and the Portal.

Reed MIDEM cannot be held liable for their contents, products, services, advertising, cookies, computer code, or for the use of the data you supply to those websites as well as for any and all money damages or losses, whether proven or alleged, consecutive to or while using the information, services or data available on these sites. Reed MIDEM provides these links for the convenience of the visitors to the Portal and such visitors access these websites at their own risk.

7. AMENDMENTS TO THIS NOTICE

The Portal is regularly monitored in order to supply you with the best service and to meet your expectations. For this purpose, we consult the statistics relating to use of the Portal and develop the Portal on the basis of this data. User statistics are anonymous.

8. acceptance of this privacy policy and AMENDMENTS

Reed MIDEM reserves the right to modify or, in general, to update this notice at any time to change in the law or for other reasons, which we reserve the right to do without prior notice.

These modifications will enter into force as soon as they are posted online on the Portal. Therefore you are invited to visit the Portal’s version which is constantly online. If Reed MIDEM changes this Privacy Policy, your continued use of the Portal following the posting of such changes will signify your acceptance of those changes.