Terms and conditions

Print

The VACHERON CONSTANTIN press section of this website (the "Press Centre") is provided by VACHERON CONSTANTIN, branch of Richemont Internatonal S.A., 10 chemin du Tourbillon, 1228 Plan-les-Ouates, Switzerland ("VACHERON CONSTANTIN "). Use of the Press Centre and access to the contents therein is restricted to use by journalists, watch specialist blogs and web sites who have been expressly approved and authorised by VACHERON CONSTANTIN as well as VACHERON CONSTANTIN’S fully Authorised Retailers following their registration (together "Authorised Journalists") only.

PLEASE ENSURE THAT YOU READ THESE CONDITIONS CAREFULLY BEFORE USING THE PRESS CENTRE

Authorised Journalists must register with VACHERON CONSTANTIN before being granted access and use of the Press Centre containing both information about VACHERON CONSTANTIN, its products and visual materials.

On registration Authorised Journalists hereby undertake that they will provide accurate, current and complete information about themselves and their publication as requested on the registration form on the Press Centre ("Registration Data") and further will maintain and promptly update the Registration Data, and any other information provided to VACHERON CONSTANTIN, to keep it accurate, current and complete.

Use of the Press Centre is subject to the following Conditions of Use (the “Conditions”). VACHERON CONSTANTIN may revise these Conditions from time to time by updating this posting, with the revised Conditions taking effect for all Authorised Journalists as of the date of its posting on the Press Centre.

By registering for access to the Press Centre, journalists signify their express acceptance of these Conditions. If you do not agree to these Conditions, you should not register and are not authorised to use the Press Centre or any of the content therein.

User Profiles

Once registered, Authorised Journalists will receive unique logins and passwords (User Profile) enabling them to access the Press Centre and the content. User Profiles are strictly personal and will not be shared with or disclosed to any other party.

Authorised Journalists will be liable for any operation, misuse, manipulation or any other act or omission performed via the Press Centre by an unauthorised third party using his/her User Profile, including unauthorised including liability for unauthorised use of any Content or any other unauthorised act undertaken by one of its officers, directors, employees, agents, etc.

Authorised Journalists will ensure that computer terminals have restricted access and that they log out correctly at the end of each session on the Press Centre.

Authorised Journalist will notify VACHERON CONSTANTIN immediately in the event that he/she becomes aware of any unauthorized use of their User Profile, including security breaches of whatever nature (for example stolen User Profile, circumvention or hacking);

Copyright – grant of rights and restrictions on Content available from the Press Centre

VACHERON CONSTANTIN maintains the Press Centre as a working tool, notably to facilitate access to current information, press releases, visuals and audio-visual materials (Content) for newsworthy editorial use only, that is for use in the normal course of their professional activities in particular for the preparation of articles and press reviews for publication for example in newspapers and magazines, both on and off line, including use on specialised watch blogs or Web sites (“Prescribed Purposes”).

Authorised Journalists recognise that all Content available from the Press Centre is proprietary information and, as such, is protected under intellectual property laws worldwide and international treaty provisions, unless otherwise noted.

The copyright in all Content available from the Press Centre is either held by VACHERON CONSTANTIN or is licensed to VACHERON CONSTANTIN for the aforementioned use. Authorised Journalists are granted a non-exclusive, non-assignable worldwide right to reproduce the Content for the Prescribed Purposes in traditional press and in the on-line edition of their publication. This right may be exercised by subcontractors of the Authorised Journalists for the preparation of the publication provided that said sub licensees agree to the present Conditions.

Authorised Journalists understand that where images have been acquired by VACHERON CONSTANTIN under license from image banks or archives, Authorised Journalists will pay special attention to instructions provided in the Press Centre and agree to include copyright notices and/or other credits as may be indicated next to the Content in accordance with the licence provided by said image banks, archives or other source.

Authorised Journalists are further advised that the omission of any notice or credit could be the cause of claims against VACHERON CONSTANTIN. Consequently, Authorised Journalist shall defend, indemnify and hold VACHERON CONSTANTIN harmless from all claims, damages and/or expenses incurred as a result of any claims from said third parties and arising from Authorised Journalists’ breach of these Conditions.

Unless otherwise indicated, the following photographic credit must appear adjacent to any images: Copyright “©VACHERON CONSTANTIN”. All rights reserved.

Authorised Journalists agree to respect all embargo dates on releases and/or publication of press notices.

Authorised Journalists will not use any of the Content in such a way that would violate the personality rights, rights of privacy or publicity of any person who appears in any such image. Nothing contained in these Conditions will be construed as granting, by implication or otherwise any right or licence with respect to the name, likeness or other characteristic of any person who appears in any image.

Authorised Journalists are solely responsible for obtaining the necessary releases and permissions to use the name, likeness or other characteristics of any such person as may be required.

Authorised Journalists will not use any images in any way that could be construed as derogatory, defamatory, pornographic or illegal.

Authorised Journalist may adapt or modify Content exclusively to satisfy technical requirements necessary for the publication or media on which it is used, such as adjustments for internet press sites, provided that such modification or adaptation does not compromise the integrity of the image and/or person represented therein. The right to adapt, modify, crop or create derivative works from any Content is expressly prohibited.

Authorised Journalists will not sell, share, distribute or make images available for downloading through syndication platforms or communicate any images to a publically available image archive or archive content in a data base and more generally use in any way whatsoever except for the prescribed purposes as set out herein.

If you, as an Authorised Journalist infringe any of these Conditions, permission to use or access the Content available from the Press Centre will automatically terminate and your User Profile cancelled. In this event, you must immediately destroy and/or delete any copies you have made in any format of the Content.

Trademark Notice

The VACHERON CONSTANTIN trademarks, logos and service marks appearing on The Press Centre are registered and unregistered VACHERON CONSTANTIN trademarks or those of its Maisons or affiliates or have been licensed to VACHERON CONSTANTIN and its affiliates by third parties. Nothing contained in the Press Centre should be construed as granting, by implication or otherwise, any licence or right to use any trademark displayed on the Press Centre with the exception of use as defined herein.

Personal Information and Data Collection

Authorised Journalists hereby expressly authorise VACHERON CONSTANTIN to collect Personal Information relating to them notably the Registration Data, such Personal Information being provided by them on registration. Furthermore, Authorised Journalists hereby expressly authorise VACHERON CONSTANTIN to collect data relating to their use of the Press Centre, such data being automatically provided when they log on to the Press Centre through the use of tracking software (including cookies). VACHERON CONSTANTIN uses this data, in particular, to improve the Press Centre and to fulfil any requests from Authorised Journalist, and/or to respond to any questions or comments Authorised Journalist may choose to submit.

VACHERON CONSTANTIN also uses this data to survey use of the Press Centre and prevent any abuse of the same.

Furthermore, VACHERON CONSTANTIN may use Personal Information for normal business purposes and as a marketing tool to send invitations or advise Authorised Journalist of other special VACHERON CONSTANTIN events.

VACHERON CONSTANTIN will use its reasonable endeavours to ensure that such data is kept secure and is accessible to authorised VACHERON CONSTANTIN and/or affiliate companies' personnel. Furthermore, VACHERON CONSTANTIN may provide access to persons or companies who carry out internal operations in relation to its business. VACHERON CONSTANTIN does not sell, rent or otherwise make available any personal data to third parties, except to its legal advisors or as may be required by law.

Authorised Journalists may request access to and/or correction of any erroneous information concerning their Personal Information.

Any request concerning Authorised Journalists personal data and/or cancellation of their registration should either be e-mailed to presse@vacheron-constantin.com or sent to:

VACHERON CONSTANTIN,
Branch of Richemont International S.A.
Service de Presse Vacheron Constantin
10, chemin du Tourbillon, P.O. Box 95
CH - 1228 Plan-les-Ouates/Genève
Tél. +41 22 930 20 05     Fax +41 22 930 20 06
presse@vacheron-constantin.com

RESPONSABILITY

The Press Centre is made available to Authorised Journalists "as is" and it should be accessible 24/7. However, VACHERON CONSTANTIN may modify the service, discontinue the Press Centre or cancel Authorised Journalist's access to the Press Centre, with immediate effect, at its entire discretion at any time. Furthermore, VACHERON CONSTANTIN does not guarantee an uninterrupted access to the Press Centre, nor that is error free or completely secure. Consequently, Authorised Journalists accept that VACHERON CONSTANTIN cannot and will not accept responsibility for any error, omission, interruption of service, whether temporary or permanent, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, alteration of, whether or not arising during operation or transmission as a result of server functions, virus, bugs or other causes outside its control and that any such event as described will not give rise to any right to claim for damages, indemnities or any other form of compensation of any nature whatsoever to the Journalist.
VACHERON CONSTANTIN cannot accept any responsibility for any damage or loss of any kind suffered, directly or indirectly, in any way whatsoever, through use of the Press Centre. In particular, VACHERON CONSTANTIN is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment, software failure of any kind on account of technical problems or traffic congestion on the Internet, telephone lines or any combination thereof, including any injury or damage to Authorised Journalist's or any other person's computer or mobile telephone and the like related to or resulting from use of the Press Centre.

Furthermore, any costs, related to access and use of the Press Centre by an Authorised Journalist including, but not limited to hardware, software and all Internet connection charges payable to Authorised Journalist's service provider and/or telephone company, shall be borne by Authorised Journalist.

Authorised Journalists understand and agree that non-compliance with the Terms could cause irreparable damage to VACHERON CONSTANTIN and/or its affiliated companies. Consequently, Authorised Journalists shall indemnify VACHERON CONSTANTIN against all damages (except punitive damages), liabilities, and expenses (including reasonable attorneys' fees and permitted and authorised costs), arising out of or as a result of claims by third parties relating to their use of any content from the Press Centre or any breach of these Terms.

EVERYTHING ON THE PRESS CENTRE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, REASONABLE CARE AND SKILL, OR NON-INFRINGEMENT.

Under no circumstances whatsoever shall VACHERON CONSTANTIN be liable for any loss arising out of or in connection with the use of information or visuals available from the Press Centre whether direct or indirect including, without limitation, any liability relating to any loss of use, interruption of business, lost profits or lost data, or incidental, special or consequential damages of any kind regardless of the form of action, whether in contract, tort (including negligence) or otherwise, even if VACHERON CONSTANTIN has been advised of the possibility of such damages.
This limitation of liability will benefit VACHERON CONSTANTIN, its affiliated companies, directors, managers, employees and agents etc. and will apply to any action in law based on these Terms whether for negligence or other act based on use of the Press Centre and the images.

Termination

VACHERON CONSTANTIN may terminate Authorised Journalists' access and use of the Press Centre if it reasonably believes that they have violated or acted inconsistently with these Terms, or violated its rights or those of any third party, or for any reason with or without notice or, in addition in the case of Authorised Retailers, where their selective distribution agreement is terminated.

In the event that access to the Press Centre is terminated, for whatever reason, no indemnity of any nature whatsoever will be due to Authorised Journalist or its employer by VACHERON CONSTANTIN.
Upon cancellation of the User Profile and access to the Press Centre, VACHERON CONSTANTIN will, on request, remove personal information from its Authorised Journalist database.

Severability

If any portion of these Terms is held to be unenforceable, the unenforceable portion shall, to the greatest extent possible, be construed in accordance with Swiss law. If any portion of these Terms become or are declared to be illegal or otherwise unenforceable, such portion of these Terms shall be where possible replaced with a valid provision, which most closely approximates the intent and economic effect of the invalid provision. All remaining Terms shall remain in full force and effect.

Applicable law

These Terms shall be interpreted in accordance with the laws of Switzerland without regard to its conflict of law provisions. In the event that any dispute arises in relation to these Terms, the Parties hereto agree to meet in good faith in order to resolve the dispute amicably.
Failing amicable resolution, all disputes, actions or claims between the Parties whatsoever arising shall be adjudicated upon by the courts of the Canton and Republic of Geneva, Switzerland to whose exclusive jurisdiction the Parties hereby irrevocably submit.

Conditions of use published: 10th June, 2011