Terms and Conditions
Version: December, 2016
These terms and conditions (the Terms and Conditions) apply to Mynewsdesk AB’s (we, us or our) corporate registration number 556634-1276, at the address Rosenlundsgatan 40, 118 53 Stockholm, provision of services to your company (you or your) (the Services) and state the conditions under which our services may be used to upload, send, publish, share or in any other way transfer (Transfer) information and material, including images, films, texts and music (the Content). The Terms and Conditions represent together with a signed order form (the Order) the valid agreement (the Agreement) between you and us. What is stated in the Order takes precedence over what is stated in the Terms and Conditions if the content of the documents should differ.
We are constantly working to develop and improve our services and may therefore occasionally need to change their content or design. Therefore, we reserve the right to make changes in the Services to the extent that we find appropriate and will inform you in advance should we assess the changes to be of essential importance for you.
Access to the Services
We safeguard our services and it is important to us that they can be used securely and safely. The Services are therefore only to be used by you. You must also protect the password to your user account with us, including by:
- protecting computers, tablets, telephones or other devices where your password is stored or used;
- choosing a password that is not easy to work out; and
- keeping the password secret and not listing it anywhere where it could be connected to the user account.
If you suspect that an unauthorised person has gained access to your password or user account, you must inform us immediately.
We also reserve the right to close your access to the Services at any time if we consider that you are in breach of the Terms and Conditions or that there is a security risk at hand.
Use of the Services
The Services may only be used in accordance with the Terms and Conditions and the instructions that we may send you from time to time, such as information via the Services or direct messages to you. The Services may of course also only be used in accordance with applicable law and otherwise in an appropriate manner.
Among other things, this means that you must ensure that you do not, through your use of the Services:
- copy or change software that is included in our services or attempt to gain access to the source code of such software, for example through reverse engineering, decryption or decompiling; and
- expose our services to damaging program codes, allow a “bot” or other automated process to interact with our services or otherwise attempt to hinder or disrupt the services or gain unauthorised access to the services.
We wish to ensure that your rights and those of others are respected in the use of our services. You have the sole responsibility to ensure that all Content that is Transferred via our services is in accordance with the Terms and Conditions, our rules and guidelines and applicable law, and that it is otherwise appropriate. You must therefore analyse and critically assess this before you Transfer Content via the Services.
Among other things, this means that you must ensure that you do not, through your Content:
- commit a criminal act;
- slander, defame, persecute, discriminate against (with regard to e.g. race, skin colour, nationality or ethnic origin, religious belief or sexual orientation, disability or illness), threaten or in any other way violate or attack another person or his or her rights;
- distribute material that is inappropriate, vulgar, offensive, dishonest, unsuitable, racist, pornographic or sexist;
- send, or allow to be sent, unordered advertising such as spam or otherwise use the Services to Transfer Content that mainly consists of concrete commercial offers, e.g. advertisements and price lists;
- copy, sell, disseminate, publish or use our or any of our other users’ Content or other material for commercial purposes (if you have not obtained express consent for this);
- claim to be anyone else or in any other way give a false description of your connection with another person or organisation;
- make available such material that you do not have the right to Transfer according to law or because of an agreement or obligation of loyalty (such as trade secrets, insider information or confidential information);
- breach applicable personal data legislation; or
- infringe, assist in infringing, or enable others to infringe, any patent, trademark, trade secret, copyright, neighbouring rights, registered or unregistered design protection or other intellectual property rights.
You must also ensure that you have adequate rights to Transfer the Content via the Services, and by Transferring the Content you guarantee that you have such rights. You must therefore:
- have received all necessary consents from relevant third parties so that the Transfer of your Content via the Services according to the choice/the licence you choose when Transferring does not infringe anyone else’s rights;
- have received consent for the Transfer from all persons who are visible in images or in films that you upload, to the extent required by law;
- state the photographer when you Transfer photographs; and
- state sources or those who have created the various parts of your Content (originators) when the Content is Transferred.
When you assess this, it is important that you remember that the Services mean that your Content will be generally accessible and available to, for example, journalists and other users of our services.
We reserve the right to, at any time and without prior notice thereof to you, delete, partially or in whole, your Content if we assess it to be in breach of the Agreement.
Our use of your Content
In order for us to provide the Services, you give us a non-exclusive, transferable, onwardly assignable, free of charge, global and otherwise unrestricted right to, for this purpose, use, copy and make available your Content to the general public as long as the Content is available to us..
If you import contact information to your network in the Services, you must make it clear to your contacts that it is you (and not us) who have collected their information. You must also make it clear to your contacts which information about them that you have collected and how the information will be used. You may not import contact information to your network or send e-mail invitations and messages to contacts that are not users of our services without the consent of these contacts, if such consent is required in accordance with applicable law. Regardless of how you received the contact information, you are thus yourself responsible for ensuring that you have obtained all necessary consents and permits for reusing contact information within your network. You can erase contacts and contact information from your network at any time. We may, through our third-party suppliers, supplement the information about your contacts with information that is generally available on the internet, such as name, surname, picture and professional title. You are responsible for ensuring that your contact’s consent covers this processing of their information.
Media monitoring service
Our media monitoring service may only be used by you for the purpose of media monitoring. In addition to this, please note the following limitations to your use of the service:
- You may only use the reports that we provide you with within the media monitoring service (the Reports) internally within your company. This means that you may not for example Transfer or copy the Reports, or parts thereof, in any way that could result in a third party taking part of them. This includes, but is not limited to, linking to the Reports or using them for marketing purposes.
- If applicable law permits you to produce single print-outs of the material reported in the Reports for internal use, you agree that you will not Transfer or copy the material in any way that could result in a third party taking part of it. This includes, but is not limited to, linking to the Reports or using them for marketing purposes.
- If applicable law permits you to store the material reported in the Reports electronically for your internal use, you may only do so for a maximum of 30 days. Thereafter, you must delete all such material, including all links to and copies of it. This means that you may not build your own database, collection, or archive with such material. If the Agreement is terminated, you agree that you will not save the material in any way and will delete it immediately.
- If applicable law permits you to use the material reported in the Reports, you agree that you will always, in accordance with good practice, cite the source, author, and title to the material when you use it. Furthermore, you agree that you are responsible for the material not being used in any way or in any context that violates the author’s moral rights, including in relation to literary or artistic reputation or character.
The comments field in your newsroom
If you choose to activate your comments field in our services, you are responsible for ensuring that what is published in the comments field, on your own behalf or by others who are not acting on your behalf, does not contain anything that contravenes paragraph 4 above. This also means that you must ensure that personal data is not handled in your comments field in a way that contravenes applicable personal data legislation or any other applicable law, which means among other things that you:
- must not publish defamatory personal data or information;
- must review publications regularly so as to discover any defamatory personal data or information; and
- must quickly remove any defamatory personal data or information.
We reserve the right to, at any time and without prior notice thereof to you, delete any publications in your comments field that we assess to be in breach of the Agreement.
Accessibility and security
We do our utmost to keep our services accessible, secure and fault-free. However, by its nature a great deal of the content of the Services is created by our users and the Services are therefore, like most internet-based services, exposed to various security risks etc. You are therefore aware and accept that maintenance, upgrades, bugs and other planned or unplanned causes or circumstances can lead to interruptions or faults in the Services, such as that Content is published too early or too late, is erased, moved, blocked or changed. You are also aware and accept that the use of the Services involves a certain risk that you may be exposed to offensive or incorrect material (including damaging files), spam, password theft, persecution, forgery, unauthorised data access and other unauthorised access to or early publication of your Content.
Should any questions arise about the use of the Services, you are welcome to contact our support service. Contact information and opening hours of the support service may be found on our website.
Term and termination
The Services are available between the dates of subscription start and subscription end as stated in the Order (the Subscription Period). The Agreement is valid during the Subscription Period and is automatically extended if not terminated in writing. If neither you nor we have terminated the Agreement no later than 90 calendar days before the subscription end (or the expiry of the subsequently extended period), the duration of the Agreement is extended by the same length of time as the Subscription Period.
If no date is stated for subscription end in the Order, the Services are available for one month from the date of subscription start and the Agreement will then only apply during this period.
If the Subscription Period was a cost-free trial period, the Services are automatically downgraded to the subscription type “Free” at the end of the trial period.
We may always, with immediate effect, terminate the Agreement earlier than what is stated above if you
- significantly or repeatedly fail in your obligations under the Agreement and do not take action to correct this within 30 days of receipt of a written request to do so from us, or
- enter into bankruptcy, enter into a deed of arrangement, suspend your payments, are the subject of a company reconstruction or in any other way may be at risk of becoming insolvent.
When the Agreement is terminated, for whatever reason, we will erase all or part of your Content from our services.
If the Services do not fulfil what we have promised, you may send a complaint to us, requesting a reasonable reduction of your charges for the defective period. Such complaint must include a description of what it is in our services that you find defective, and must be received by us no later than 6 months after you discovered (or ought to have discovered) the defect.
Breach of contract
We are confident that you will handle our services in accordance with the Agreement. However, should you be in breach of the Agreement and this results in us suffering or being exposed to claims, loss, damages, costs or expenses (including reasonable legal costs), you must indemnify us. This also applies in the case of a claim presented by a third party in relation to your Content.
Limitation of liability etc.
Except for any legal responsibility that we cannot exclude in law (such as mandatory product liability, personal injury or death), we are not liable for loss of income, profits and savings, loss of contracts, loss of production, loss of goodwill, loss of data or other information, claims by third parties, consequential loss or any other indirect loss. Further, our aggregate liability in any one calendar year shall not exceed the sum that you have paid to us during the same calendar year.
We are not liable for the permanent and uninterrupted availability of our Services or any other loss or outcome arising from any of the situations, including lack of accessibility and security, interruptions, risks and faults, referenced in Section 9.
With regards to Content, we do not guarantee that Content that is provided by third parties is correct, reliable, complete, accessible or lawful and we are not liable for any damage or loss related to defects in the Content. We do not normally review the Content that is provided by our customers.
Prices and payment
The Order states the price that you shall pay for the Services and the payment terms that apply. Payment shall be made in advance, against our invoice. If you should pay our invoice late or fail to pay at all, we may charge interest for late payment with an interest rate of eight (8) percent per annum, as well as reminder charges and compensation for any debt recovery costs, in addition to any other remedies we may have. Any changes of our prices will be made in accordance with paragraph 23.
Neither you nor we are responsible for faults or delay in the fulfilment of undertakings according to the Agreement if such faults or delays are caused by reasons or circumstances that cannot be controlled (including, but not limited to, interruption or fault in the Internet or network, telecommunications, electricity supply or other infrastructure, general labour conflicts, war, fire, lightning strike, terrorist attack, changes in the regulations of the authorities or faults or delays in services from sub-contractors because of any of these circumstances).
Third-party services and third-party content
Your access to the Services may be dependent on services that are provided by third parties (such as internet connection and mobile telephone services). We are not responsible for such services or consequences of errors or delays in such services.
The Services may contain material created by a third party, including links to websites or services that are provided by third parties. We are not responsible for such material or the accessibility to such material, the content of such websites or the goods and services that are offered in this way.
References in marketing
An important part in the marketing of our services is to achieve awareness among the general public and our potential customers of the widespread use of the services. In this way our marketing also increases the distribution of your Content and thus your maximum utilisation of the Services. In line with this it is important for us to be able to refer to our customers, for example by stating their company names and logos in our marketing, such as on our website etc. In light hereof, you approve through the Agreement, to our use of your company names and logos in this way. However, if we according to our own assessment have reason to believe that you would oppose the use, we will request your specific approval before any such use.
Intellectual property rights
All intellectual property rights relating to us, our website and our services, such as patents, design patents, design and pattern rights, copyright, neighbouring rights, moral rights, trade secrets and know-how, rights to databases, trademarks, company names, rights according to marketing legislation and all other intellectual property rights, in all cases regardless of whether registered or registrable, and all applications for registration of any of the above-named rights as well as the right to apply for these, and all rights and forms of protection of a similar character or that have a similar effect as these anywhere in the world, are and remain our or our licence providers’ property. Use of the Services does not in any way represent a transfer or assignment of such intellectual property rights to you.
Both we and you undertake to treat information that may be considered to be the other party’s business or trade secret (regardless of whether it is verbal, in writing, electronic or in some other form) as confidential, unless the party providing the information gives express written consent otherwise. This means that neither you nor we may divulge such information to a third party or use such information for any purpose other than the fulfilment or implementation of the Agreement. Both parties must also ensure that any employees, agents or others that such information is revealed to follow this undertaking. This obligation of confidentiality applies for two years after the Agreement between us has been terminated. The obligation of confidentiality does not however apply to information that is generally known or that we or you can demonstrate that we/you were aware of by some other means than through the Agreement. Neither does the obligation of confidentiality apply when we or you are obliged to provide the information in accordance with law, regulations or the decisions of the authorities.
We safeguard your personal integrity and aim to always protect your personal data in the best way possible. Therefore, you can find complete information on how we handle personal data in our Integrity Policy which constitutes the basis for our data processing and forms part of these Terms and Conditions.
You are welcome to contact us by post to Mynewsdesk AB, Rosenlundsgatan 40, 118 53 Stockholm, or by e-mail to firstname.lastname@example.org.
If we need to contact you, we will do so to the postal address or e-mail address that you have provided us with. Therefore, you must always make sure to keep this contact information updated.
Changes to the Terms and Conditions and the Agreement
We may change the Terms and Conditions and the prices of our services, but we will of course inform you if we do this. Any changes come into force one month after we have informed you thereof.
Transfer of the Services
The Agreement is valid between you and us and may not be assigned or transferred unless agreed in writing. However, we may, in full or in part, transfer the provision of the Services to another company in the same group as us. All rights and obligations that apply between you and us will then instead apply between you and the company that takes over the Services.
Applicable law and disputes
The Agreement and the relationship between you and us will, unless otherwise stipulated in mandatory applicable law, be interpreted and applied in accordance with Swedish law (although with the exception of such international civil law provisions that involve the application of the law in any other jurisdiction). Disputes arising from the Agreement or the relationship between you and us will, unless otherwise stipulated in mandatory applicable law, be decided by the general courts, with Stockholm District Court as the first instance.