Terms of Use

PLEASE READ THESE TERMS OF USE (THE “TERMS”) CAREFULLY BEFORE USING AGICOA’S WEBSITE (THE “WEBSITE”). BY USING THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE WEBSITE.

 

 

I. WHO WE ARE

When we refer to “we”, “our” or “us” in these Terms, we are referring to AGICOA. When we refer to “you” or “your” we refer to you as User of the Website (the “User”).

AGICOA is constituted in the form of a Swiss law association, registered with the Registry of Geneva under n° CHE-103.225.085 and having its registered office at Rue Pestalozzi 1, 1202, Geneva, Switzerland.

AGICOA is a not-for-profit organization whose purpose consists in the worldwide collective management of copyright and related rights on behalf of producers of audiovisual works.

II. WHY YOU SHOULD READ THESE TERMS OF USE

These Terms, including other documents referred to herein, as updated from time to time, apply to your use of the Website, available via www.agicoa.org. These Terms aim to inform you on the conditions under which you may use the Website and access, use, view and share the AGICOA content.

We reserve the right to modify these Terms at any time. Your continued use of the Website following the posting of changes shall constitute your acceptance of such changes. We encourage you to review the applicable version of these Terms whenever you use the Website.

III. WHAT INFORMATION WE COLLECT ABOUT YOU AND HOW WE USE IT

When you access the Website, we collect certain information about you. Our Privacy Policy and our Cookies Policy provide more information about the information we collect and how we use it.

IV. EXCLUSION OF WARRANTY AND LIABILITY

The information provided by AGICOA in this Website is for personal use and general information purposes only. While we endeavour to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Website or the information, products, services, or related graphics contained on the Website for any purpose.

Nothing contained on the Website constitutes financial, legal, tax or other advice nor should any decision be made solely based on the Website content. Further advice from AGICOA should be requested before making any decision.

AGICOA endeavors to offer the best possible quality of services in terms of technology for the use of the Website. In the case of any fault occurring during the reception and use of these pages, AGICOA declines any responsibility. Furthermore, AGICOA disclaims all liability for any tampering with the internet User’s computer system by unauthorized parties and any risks caused by viruses and the possibility of targeted attacks from hackers. AGICOA does not warrant that the Website will be uninterrupted or error-free. In no event AGICOA will be liable for any loss or damage including without limitation, indirect, consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of or in connection with the use of the Website.

V. SITE LINKS

The Website may contain links to or may frame third party websites and may contain or link to third party information, materials, communications or other content which are not under the control of AGICOA. AGICOA does not endorse, assume any responsibility or liability for, or make any representations or warranties regarding third party websites, third party content or any products or services offered by any third parties on the Website or any third party website. The access and use of such websites is entirely at the User’s own risk.

You are not permitted to create links to the Website from any other website without first obtaining AGICOA’s written permission. Such link may not suggest or imply AGICOA’s endorsement or approval of any product, position, entity, or individual, or portray AGICOA in a false, misleading, derogatory or otherwise defamatory manner, and the linking site may not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. Any right to link may be revoked at any time.

VI. INTELLECTUAL PROPERTY

No part of the Website, whether graphic, illustrative or textual may be reproduced in any form or by any means, without express written consent of AGICOA. The data contained on the Website is strictly for your own use. The content of the Website is the property of AGICOA.

VII. INDEMNIFICATION

You agree to defend, indemnify and hold AGICOA harmless from and against any claims, losses, liabilities and/or damages made or sustained by third parties arising out of or related to your conduct, your use or inability to use the Website, your breach or alleged breach of these Terms or your violation of any other rights.

VIII. GOVERNING LAW AND DISPUTES

These Terms shall be governed by the laws of Switzerland. AGICOA and the User shall use reasonable efforts to settle amicably by negotiation any dispute, controversy or claim rising out of, or relating to the Terms or the breach thereof.

Any and all disputes that may arise between AGICOA and the User under or in connection with these Terms, which have not been amicably settled, shall be finally settled in arbitration by the Swiss Chambers’ Arbitration Institution in accordance with the Swiss Rules of International Arbitration. The arbitration shall be conducted in Geneva, Switzerland, in the English language. The award shall be final and binding on AGICOA and the User.

IX. CONTACT INFORMATION

If you have any questions about any of these Terms of Use, kindly contact us at:

AGICOA – 1, rue Pestalozzi – CH-1202 Geneva – Switzerland – T: +41 22 544 83 00 – F: +41 22 340 34 32 – www.agicoa.org – info@agicoa.org

X. LAST UPDATE OF THE TERMS OF USE

These Terms were last updated on 21 January 2021.