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Last update: 21/12/2017
____________________________________________________________The following General Conditions of Use, our Privacy Policy and Legal Information shall be together referred to as the “Legal Terms”.
A. GENERAL CONDITIONS OF USE OF THE AFPTV LIVE PLATFORM AND LIVE CONTENT
1. When do these General Conditions of Use apply?
These General Conditions of Use apply to the use of the AFPTV Live platform, available at the following address: afptvlive.com, and to the use of any of its features and content (the “Platform”) including the live videos (the “Content”) available on the Platform.
Read these General Conditions of Use before using this Platform and the Content. By using this Platform, you agree to be bound by these General Conditions of Use and by our Privacy Policy.
The terms of use of the Content are set forth in these General Conditions of Use. If you have a content license agreement with AFP (the “License Agreement”), the provisions of your License Agreement shall prevail.
AFP reserves the right to modify or update these General Conditions of Use and any of the Legal Terms at any time and at its sole discretion. Please consult our Legal Terms on a regular basis as any modification thereto becomes effective upon publication on this Platform.
For the purpose of these General Conditions of Use and Legal Terms:
- “you”, “your”, “their”, “user(s)” shall refer to any client or prospect authorized by AFP (including any individual user authorized by any such client or prospect) to access this Platform and
- “AFP”, “we”, “our”, “us” shall refer to Agence France-Presse and Agence France-Presse’s affiliates.
2. Ownership of the Platform and the Content
This Platform (including but not limited to its features, software components, data, graphic design and any other components, products or services displayed or operated therein) and all the Content displayed on this Platform are the exclusive property of AFP, its affiliates, partners and/or providers and are protected by intellectual property laws.
The information provided on this Platform and as part of the AFPTV Live service is intended solely for the use of the Platform and the proper operation of the AFPTV Live service by authorized users. Any reproduction, communication to the public or exploitation of this Platform or its content, in whole or in part, without AFP’s prior written approval is prohibited.
Any reproduction, communication to the public or exploitation of the Content, in whole or in part, not specifically authorized in our General Conditions of Use or in your License Agreement with AFP is prohibited.
3. Use of the Platform
3.1 Access to the Platform
Access to this Platform is strictly reserved to users who have a dedicated user ID and password.
AFP shall provide you with only one user ID and password, associated with an administrator account.
Through your administrator account, you may create individual user accounts (number of user accounts shall depend on the type of package you have subscribed) and manage the rights associated thereto.
You shall only create individual user accounts for your permanent or temporary staff. You shall cancel immediately any individual user account pertaining to an individual no longer member of your permanent or temporary staff.
User IDs and passwords to access this Platform shall remain strictly confidential. You shall immediately notify AFP of any breach of security or any unauthorized use of your account and/or any individual user account.
You shall take full responsibility for any and all activities that occur under your administrator account and under any individual user account created therethrough.
3.2 Features of the Platform
The purpose of this Platform is to allow you to use features such as forecasts of upcoming live coverage, online viewing of live feeds, live alerts, chat with the AFPTV Live support team, feed selection and feed quality selection.
Available features on the Platform may vary according to the type of package you have subscribed and the rights associated with each individual user account.
The chat feature is made available to facilitate interaction between you and AFPTV Live support team. Although we endeavour to provide a prompt and efficient response to users’ messages when the feature is available, we do not undertake to respond within a specific timeframe nor guarantee that our response will meet each user’s expectations.
We reserve the right to modify, update, suspend, discontinue or restrict the use of or access to the Platform features at any time, without notice and without incurring any liability to this respect.
3.3 Availability of the Platform
Although we endeavour to ensure the Platform’s availability, we cannot guarantee that this Platform and its features are compatible with all devices, software or other elements that each user may use, or will be provided without interruption, server down-time or delay or free from errors, bugs, viruses, hacking or any other breach of security representing a force majeure event.
You accept that access to this Platform and to any of its features may be suspended temporarily, in particular for maintenance operations.
AFP shall not be held liable for any consequences resulting therefrom.
4. Availability, Delivery and nature of the Content
4.1 Availability of the Content
The upcoming live coverage feature available on the Platform is based on mere forecasts and shall by no means constitute an undertaking by us to supply such coverage.
We reserve the right to modify such forecasts and to postpone or cancel any planned live coverage at any time, without notice and without incurring any liability in this respect.
4.2 Delivery of the Content
Depending on your subscription, the Content may be delivered as follows:
- The Content may be delivered by AFP via a satellite station including equipment owned by you or rented to you by AFP, or
- The Content may be delivered through an IP transmission infrastructure installed at your premises.
You shall be responsible for making sure that AFP has access to your information system, for the purposes of the installation of the necessary infrastructure and/or material for the delivery of the Content. You shall be responsible for making sure your own system is compatible with the specifications required to receive the Content, and that you comply with any specification transmitted by AFP.
4.3 Nature of the Content
The Content (and information related thereto) displayed on this Platform is live content in no way overseen or controlled by us and its accuracy and reliability cannot be verified. The Content may feature scenes, views, comments, opinions or circumstances that may be experienced as inappropriate or offensive.
We reserve the right to interrupt any live broadcast on the Platform at any time, without notice and without incurring any liability to this respect, if we consider that the Content that is being broadcast is inaccurate, inappropriate or in any way incompatible with our editorial policy.
However, due to the fact that a live coverage is by nature depicting events occurring in real time, AFP shall not be held liable if the Content delivered in real time to you contains content which is inappropriate, offensive, illegal or unsuitable for children.
5. Grant of License
5.1 AFP does not transfer any property right on the Content. It grants you a simple non-exclusive and non-assignable license to use the Content, allowing you to reproduce and communicate it “live” to the public solely for immediate news purposes on your own digital platforms or TV networks, which must be exclusively branded in your name and be under your editorial, legal and operational control. Any other use, in particular for public relations, advertising or political propaganda, is prohibited without prior written approval from AFP and on a case-by-case basis and without the payment of the corresponding fees. Any use beyond the period of time granted by AFP as stipulated in your License Agreement, and failing that, beyond 7 (seven) days from being downloaded, is strictly prohibited. You shall be fully liable for any use of the Content beyond a period of 7 (seven) days as from its download irrespective of the operating means, and you agree to compensate AFP for any damage resulting from such use.
5.2 The Content, as and when it is transmitted, is intended to illustrate immediate current events and must be used by you in a relevant manner with respect to the information treated. No other use is authorised by AFP. You assume personal responsibility for any use of the Content outside its initial context and you shall hold AFP harmless in all respects.
5.3 You may not modify the Content except for the modifications (for instance, "blurring") that are required to comply with laws, regulations and case law in force (for example, you must comply with legislation concerning alcohol and tobacco) or as authorized in your License Agreement. In any case, you may only modify the Content provided that you do not infringe on AFP’s rights (or the rights of the parties from whom AFP obtained rights of use, where applicable) and that you do not distort the meaning of this Content or make it (otherwise non-contentious) defamatory and/or infringing on the intellectual property rights of a third party or any other property rights, the right to privacy or image rights.
5.4 You undertake to comply with all restrictions of use of the Content as transmitted by any means by AFP to you, (i.e. set forth in the metadata and / or in the advisories sent by AFP to you by email or by any other electronic form of alert and / or made available on the Platform, or by any other means). To that end, you must provide AFP with an email address dedicated to the creation of an administrator account on the AFPTV Live platform and/or to the reception of the Content advisories, and shall make sure the persons in charge of the use of Content strictly respect such restrictions. Your violation of the restrictions of use attached to the Content (whether communicated in the metadata, in the advisories or the Platform, or by any other means) shall constitute a material breach of these General Conditions of Use. You shall assume responsibility for compliance with the restrictions of use relating to the Content by the end users of (and / or subscribers to) your website, and / or, where relevant, your newsletters, RSS feeds, your mobile telephone service, your service for digital tablets, etc. End users and subscribers may only use the Content for strictly private and non-commercial purposes and for editorial news purposes.
5.5 You acknowledge that AFP does not obtain releases, licenses, right clearances or consents from whatever subjects, individuals, groups or entities contained in the Content, which may be protected by proprietary rights, copyright, neighbouring rights (including, without limitation, moral rights and performers’ rights) or privacy rights, and further, that no release, license, right clearance or consent is obtained from the owners of any trademarks or copyrighted materials whose marks and materials are found in the Content. You are solely responsible for determining whether a release is required in connection with its proposed use of the Content and for obtaining such release.
5.6 Unless expressly authorised in your License Agreement with AFP, you undertake: • not to transmit, market, make available or distribute all or part of the Content in any form whatsoever on any existing or future medium, against payment or free of charge, to third parties, website publishing partners, social media platforms, portals, aggregators, redistributors, subsidiaries or partners, particularly in the context of co-branding operations, syndication or sublicensing arrangements; • not to include the Content in an exportable video player on any medium other than those authorised under your License Agreement.
5.7 You undertake to (i) comply with all applicable laws relating to your performance under these General Conditions of Use and in particular you will not use the Content in contravention of any laws, regulations and rules, including all defamation, intellectual property, privacy and media laws, laws and regulations on online gaming; (ii) not associate the Content with services or contents, which are in contravention of any laws and regulations; (iii) only use the Content for editorial news purposes; (iv) be responsible for the acts and omissions of your employees and agents who access or use the Content.
5.8 You are not authorized to display/broadcast the Content live on social media networks or content distribution platforms.
5.9 You may not falsely represent that you are the original creator of a work that is made up largely of the Content. You cannot create artwork or derived material based solely on the Content and claim that you are the author.
5.10 In any distribution of the Content ensure that the AFP copyright notice, logo or credit line, or the mention “AFP Footage” shall appear on the Content. When the Content is used “as is” you shall either: (i) maintain AFP’s copyright notice, credit line as they appear in the Content or add them on the Content as follows “© AFP [current year]” or “Copyright AFP, [current year]” or “AFP Footage” or (ii) if only a short extract is used, embed the AFP copyright notice, credit line or logo or add the mention “AFP Footage” on the extract. When the Content is incorporated in an audio-visual production fully edited by you (a program): you shall add the copyright notice or credit line in the end-slate of the program, or embed the AFP copyright notice, credit line or logo or the mention “AFP Footage” where the Content is displayed in the program, unless otherwise provided for in the metadata.
6. AFP trademarks and logos
The “AFP” and “AFPTV Live” trademarks, logos and distinctive signs appearing on this Platform are the sole property of AFP. They may only be used, in whole or in part (including as a link to this Platform), with AFP’s prior written approval and in strict compliance with AFP’s graphic charter.
7. Disclaimers and limitation of liability
7.1 THIS PLATFORM AND THE CONTENT ARE SUPPLIED "AS IS". AFP (INCLUDING ITS AFFILIATES, PARTNERS AND PROVIDERS) DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES OF ANY KIND WITH RESPECT TO THE PLATFORM, THE CONTENT, THE SUBJECT MATTER DEPICTED OR INCLUDED IN THE CONTENT, THE TEXT AND/OR CAPTIONS PROVIDED WITH THE CONTENT, INCLUDING BUT NOT LIMITED TO ALL WARRANTIES (1) OF MERCHANTABILITY, QUALITY, AVAILABILITY, FITNESS FOR A PARTICULAR PURPOSE, (2) OF TITLE AND NON-INFRINGEMENT, (3) THAT THE CONTENT OR THE PLATFORM WILL SATISFY YOUR EXPECTATIONS OR REQUIREMENTS, (4) THAT THE CONTENT WILL BE ACCURATE AND/OR RELIABLE. AFP DOES NOT WARRANT THE SECURITY, HARMLESSNESS, RELIABILITY, TIMELINESS, SUITABILITY OR ACCURACY OF THIS PLATFORM OR THE RESULTS USER MAY OBTAIN BY USING THIS PLATFORM. AFP DOES NOT WARRANT UNINTERRUPTED OR ERROR-FREE OPERATION OF THE PLATFORM OR THAT AFP WILL CORRECT ALL DEFECTS OR PREVENT THIRD PARTY DISRUPTIONS, UNAUTHORISED THIRD PARTY ACCESS, FAILURES, DELAYS AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET.
7.2 IN NO EVENT SHALL AFP (INCLUDING ITS AFFILIATES, PARTNERS AND PROVIDERS) BE HELD LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, SPECIAL OR RELATED DAMAGE OR ANY OTHER DAMAGE ARISING OUT OF OR RELATED TO THE USE OF THIS PLATFORM OR THE CONTENT, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, REVENUE, PROFITS OR DATA, WHETHER BASED ON TORT (INCLUDING, WITHOUT LIMITATION NEGLIGENCE OR STRICT LIABILITY), CONTRACT OR OTHER LEGAL OR EQUITABLE LEGAL GROUNDS, EVEN IF YOU HAD BEEN ADVISED OR HAD REASONS TO KNOW THE POSSIBILITIES OF SUCH DAMAGES. YOU SHALL BEAR THE ENTIRE COSTS IF YOU HAVE TO RESORT TO SERVICES, REPAIRS OR CORRECTIONS ARISING FROM THE USE OF THIS PLATFORM.
7.3 AFP is not responsible for:
- websites referenced on this Platform or in the Content, in particular by means of a hyperlink,
- websites referencing this Platform, in particular by means of a hyperlink,
- the content of the websites referred to above regardless of whether such content is reproduced as is or in an amended form, as a reference to other websites may in no way be deemed as an endorsement by AFP or its partners of these websites or their content. Such third-party websites and their content are governed by their own terms of use.
7.4 The laws of certain countries do not authorise the exclusion or limitation of implicit warranties or waivers of liability with regards to certain types of damage. Consequently, some of the aforementioned limits may not apply to you if they are prohibited or replaced by mandatory legal provisions in force in your country.
7.5 IN ANY CASE, THE AGGREGATE LIABILITY OF AFP, WHETHER BASED ON TORT (INCLUDING, WITHOUT LIMITATION NEGLIGENCE OR STRICT LIABILITY), CONTRACT OR OTHER LEGAL OR EQUITABLE LEGAL GROUNDS RELATED IN ANY WAY TO THE USE OF THIS PLATFORM OR THE CONTENT MAY UNDER NO CIRCUMSTANCES EXCEED THE AMOUNT OWED BY YOU TO AFP FOR USE OF THIS PLATFORM AND THE CONTENT.
8. Indemnification
You guarantee AFP that you will use this Platform, any of its features and content, and the Content in strict compliance with these General Conditions of Use or the License Agreement you may have with AFP.
We reserve the right to immediately interrupt or terminate your access (and/or any of your individual users’ access) to this Platform without prejudice to any action that we may be entitled to take against you, should you breach these General Conditions of Use or any of our Legal Terms.
You hereby undertake to defend, indemnify and hold harmless AFP (including its subsidiaries, affiliates, partners and providers, and each of their respective officers, directors and employees) from and against all liabilities, losses, claims, demands, actions, proceedings, settlements, damages, costs and expenses (including, but not limited to reasonable legal fees and expenses) arising out of or in connection with (i) your use, misuse, unauthorized use or incapacity to use this Platform, any of its features, content or the Content, (ii) your violation, breach or alleged breach of any of the terms, conditions, representations or warranties contained in these General Conditions of Use and/or Legal Terms, (iii) your failure to obtain any required release for the use of the Content, (iv) your violation, alleged violation or misappropriation of our rights or any third party rights (including but not limited to intellectual property right (including trademark, copyright, patent, trade secrets) or non-proprietary rights (including defamation, libel, violation of privacy or publicity) or of any other laws or regulations in force.
9. Governing law - Jurisdiction
Without prejudice to the provisions of Article 7.4 above, our Legal Terms shall be governed by and construed in accordance with French Law. Any conflict, dispute or differences arising out of or in connection with our Legal Terms shall be irrevocably submitted to the exclusive jurisdiction of the Courts of Paris, France, notwithstanding any actions in warranty or plurality of defendants.
10. Miscellaneous
Should any provision or part of a provision of our Legal Terms be held illegal, invalid or unenforceable by a court or other decision delivered by a competent jurisdiction, the remainder of the provision shall remain in full force and effect and the validity and enforceability of all other provisions in our Legal Terms shall not be affected or impaired.
____________________________________________________________C. LEGAL INFORMATION
This Platform is:
- Published by:
Agence France-Presse, an autonomous entity endowed with civil personality and operating in accordance with commercial rules registered in the Paris Trade and Companies Registrar under number 775 658 354
Address: 11-15, Place de la Bourse, 75002 Paris (FRANCE)
Phone: 01 40 41 46 46
Email: contact@afp.com
Publication Director: Fabrice Fries, Chairman & Chief Executive Officer
- Hosted by:
Amazon Web Services (AWS), Frankfurt, Germany
This Privacy Policy covers how we collect, use, transfer, disclose and store the data of the individual user of the Platform.
1. Collection and Use of Personal Information
Personal information is data that can be used to identify or contact a single person.
You may be asked to provide some personal information as you use the services of AFP or of an AFP affiliate, such as your name, email address, telephone or mobile number.
Note that we will never ask you to provide sensitive personal information and require that you never do so.
We will use your personal information mainly for the following purposes:
• To provide you our services, to provide you information about them and to answer your requests.
• For administrative purposes relating to your account and/or the account(s) of your employer and the specific services and content you have signed up for, such as to provide you with password reminders, to send you notices about the services, maintenance operations and changes to our terms, conditions and policies.
• For internal purposes such as auditing, data analysis and studies to improve our services and support to you.
• To add you on our mailing list in order to keep you informed on AFP and AFP affiliates’ latest product announcements, upcoming events and other interesting offers. If you do not want to be on our mailing list, you can opt out anytime by sending “OPT OUT” to the following email address: dataprivacy@afp.com.
2. Use of Cookies
A cookie is a small piece of data sent from a website and stored on the user’s computer by the user’s web browser while the user is browsing.
On this Platform, we use different types of cookies as defined below.
• Strictly necessary cookies – these cookies enable services you have specifically asked for, such as logging to the Platform.
• Functionality cookies – These cookies allow the Platform to remember the choices you make, such as individual settings preferences (date format, background theme…). They may also be used to provide services you have asked for such as searching for live events advisories on the Platform. The information these cookies collect cannot track your browsing activity on other websites.
• Google Analytics audience measurement cookies – These cookies are used in order to help us improve this Platform over time, by giving us insights into how the various sections of this Platform are used and how users interact with it.
To find out how Google may use some collected data, please visit:
If you do not wish to allow the use of Google Analytics cookies at all, Google provides an opt-out plug-in for most common website browsers: https://tools.google.com/dlpage/gaoptout.
3. Transfer and Disclosure to Third Parties
We will keep your information within AFP except where disclosure is required by law, or for the following limited purposes described below.
• We may share your information with third parties who need your information in order to provide services to us or on our behalf. For example, we share information with the provider of this Platform for enabling your use of such Platform.
• We may also disclose information about you if we believe in good faith that disclosure is reasonably necessary to enforce our Legal Terms, to protect our rights, your rights or the rights of other third parties.
• We may also share your information with AFP affiliates and/or in connection with a corporate change or dissolution, including a merger, acquisition, reorganization, etc.
These companies are obligated to protect your information.
4. Integrity and Retention of Personal Information
AFP will retain your personal information for the period necessary to fulfill the purposes outlined in this Privacy Policy.
5. Contacting AFP about privacy
AFP enables you to keep your information accurate, complete and up to date. You have the right to ask in writing for a copy of the information we hold about you and to ask for the deletion or correction of any inaccuracies in your information.
For this purpose, or if you have any specific demand, question or comments about this Privacy Policy please contact:
dataprivacy@afp.com
OR
Data Privacy
Agence France-Presse
11-15 Place de la Bourse
75002 Paris
FRANCE