Media Centre Terms of Use

Lat updated: February 2020

About Richemont and these Media Centre Terms of Use

Compagnie Financière Richemont SA (Richemont) has its registered offices at 50 Chemin de la Chênaie, 1293 Bellevue, Geneva, Switzerland.

These Media Centre Terms of Use govern your use of Richemont’s online Media Centre platform (together the “Media Centre”) that provides you with access to press releases, latest news, a media library, and contact details for media enquiries (the “Content”). In these Media Centre Terms of Use, we use the term Richemont (and "we", "us" and "our") to refer to the head office of Richemont at the registered address above and its affiliates.

Please read these Media Centre Terms of Use carefully before using the Media Centre. By using the Media Centre, you signify your assent and agreement to these Media Centre Terms of Use.  If you do not agree to these Media Centre Terms of Use, then you are not authorised to continue use of the Media Centre. 

Updates to these Media Centre Terms of Use

We may make changes from time to time to these Media Centre Terms of Use so please check back regularly to keep informed of updates. The latest version of these Media Centre Terms of Use will always be available on the Media Centre. Any new version of these Media Centre Terms of Use shall take effect and will govern the use of the Media Centre and your relationship with us immediately upon the date of posting. By continuing to use the Media Centre, you agree to be bound by the terms of these updates and amendments.

Information we collect from you

We may collect personal information from you when you correspond with us (for example, if you contact us with a query about the Media Centre) or contact the Richemont concierge by telephone. Please note that calls to the Richemont concierge may be recorded for security, training and development purposes.

Data related to your use of the Media Centre will be automatically provided to us through the use of cookies or other similar technologies each time you log on to the Media Centre. Further information on cookies or other similar technologies can be found in our Privacy Policy.

We will use the information we collect from you to:

• deal with your enquiries and requests;
• send service related communications, including announcements and administrative messages;
• prevent prohibited or illegal activities and as part of our efforts to keep our Media Centre secure;
• understand how our Media Centre is used so that we can continuously improve our Media Centre and services and other offerings; and
• provide access to our members about accredited journalists notably for information purposes in relation to exhibitions and watch fairs.

Our Terms of Use and Privacy Policy

You are also encouraged to read the website Terms of Use and Privacy Policy. These terms govern your use of our platforms in general as well as our standard information collection practices.

Intellectual property rights and limited license

Richemont maintains the Media Centre as a working tool, notably to facilitate access to the Content solely for external communications and newsworthy editorial purposes, for example in connection with the preparation of articles and press reviews for publication in newspapers, magazines, specialist blogs or websites (the “Prescribed Purposes”).

You recognise that all Content available from the Media Centre is proprietary information and, as such, is protected by legislation such as copyright, designs and trademark legislation and under international treaty provisions and national laws worldwide.

You are granted a non-exclusive, non-assignable worldwide right to reproduce the Content for the Prescribed Purposes in traditional press and in the digital edition of your publication. This right may be exercised by your subcontractors for the preparation of articles, provided that such subcontractors agree to these Media Centre Terms of Use.

You agree in particular to the following restrictions of use in respect of the Content:

• you are not authorised to use the Content for any other purpose than the Prescribed Purpose;
• you are not authorised to use the Content to offer, distribute, display, make available, market, etc. counterfeits and/or genuine products of Richemont and its Maisons (the "Products");
• you are not authorised to adapt, modify or create derivative works from any Content, unless 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 otherwise adapt, modify, crop, or create derivative works from any Content is expressly prohibited;
• you are not authorised to use the name, voice, likeness or other characteristic of any person who appears in any Content and you will not use any of the Content in such a way that would violate personality rights, rights of privacy or publicity of any person who appears in any such Content;
• you will not use any Content in a way that could be construed as defamatory, pornographic or otherwise illegal.

You understand that where Content has been acquired by Richemont under license from image banks or archives, you will pay special attention to and respect all instructions provided in the Media Centre, and expressly 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. You are further advised that the omission of any notice or credit could be the cause of claims against Richemont.

In addition where videos contain music, you may be required to declare your use and reproduction of the video to the relevant collecting societies.

Unless otherwise indicated in the Media Centre (credit mentioned should be used) the following mention must appear adjacent to any images: ©Richemont. All rights reserved.

Nothing contained in these Media Centre Terms of Use 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.

Trademark notice

In general, all trademarks, logos and service marks (collectively the "Trademarks") that appear on the Media Centre are registered, unregistered or otherwise protected Richemont trademarks or are licensed for use by Richemont by third parties. Other trademarks are proprietary marks and are registered to their respective owners. Nothing contained on the Media Centre should be construed as granting, by implication or otherwise, any licence or right to use any trademark without Richemont’s prior written permission or that of such third party who owns the trademark, with the exception of use that is expressly permitted by these Media Centre Terms of Use. Misuse of any trademark displayed on the Media Centre, or any other content on the Media Centre, except as provided herein, is strictly prohibited.

Your obligations

You agree to the following conditions of use in respect of the Content:

• not to 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;
• to be responsible for obtaining the necessary releases and permissions to use the name, likeness or other characteristics of any person as may be required;
• not use any images in any way that could be construed as derogatory, defamatory, pornographic or illegal;
• 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 database and more generally use in any way whatsoever except for the Prescribed Purposes as set out herein; and
• make such declarations and pay such licenses as may be required to local collecting societies for you use.

Limitation of liability

This section applies to the Media Centre. Richemont tries to ensure that the information provided is accurate and complete. However, Richemont does not warrant or represent that the Content is accurate, error-free or reliable or that use of Content will not infringe rights of third parties.

Richemont does not warrant that the functional and/or technical aspects of the Media Centre or the Content will be error free or that the Media Centre, Content or the servers that make them available are free of viruses or other harmful components. If use of the Media Centre or Content results in the need for servicing or replacing property, material, equipment, data or other element, Richemont is not responsible for those costs. Without limiting the foregoing, everything on the Media Centre is provided to you "AS IS" AND "AS AVAILABLE" AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, 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. Richemont and its suppliers make no warranties about the Content, software, text, downloads, graphics, and links, or about results to be obtained from using the Media Centre.

To the fullest extent permitted by applicable law, Richemont shall not be liable for any indirect, incidental, special or consequential damages of any kind arising out of or in connection with the use of information available from the Media Centre or any liability relating to any loss of use, interruption of business, lost profits or lost data, regardless of the form of action, whether in contract, tort (including negligence) or otherwise, even if Richemont has been advised of the possibility of such damages.

Your indemnity and liability

You understand and agree that non-compliance with these Media Centre Terms of Use could cause irreparable damage to Richemont and/or its affiliates. Consequently, You shall indemnify Richemont and its affiliates 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 your use of any Content from the Media Centre or any breach of these Media Centre Terms of Use.

In case of infringement of any provisions of the above-referenced section Intellectual property rights and limited licence (“Infringement”), you undertake, upon Richemont's first request, to remove from any medium the Products and the Content and destroy and/or delete any copies you have made of the Content in any format.

For each Infringement, you undertake to pay Richemont a penalty of CHF 3,000. The payment of such penalty does not release you from any compliance with these Media Centre Terms of Use, which remain fully enforceable, and from any further claims (including, but not limited to, damage claims).

Termination and suspension

You agree that Richemont may terminate or suspend your access to and use of the Media Centre if Richemont reasonably believes that you have violated or acted inconsistently with the letter or spirit of these Media Centre Terms of Use, or violated the rights of Richemont, its affiliated companies or any third party, with or without notice to you. In this event, you must immediately destroy and/or delete any copies you have made of the Content in any format.

You agree that Richemont may modify or discontinue providing any of the Media Centre, with or without notice to you. You agree that Richemont will not be liable to you or any third party as a result of such modification or discontinuation. The provisions entitled "Limitation of liability" and "General provisions" will survive termination of these Media Centre Terms of Use.

General provisions

Unless otherwise specified, the information and materials presented on the Media Centre are presented solely for the Prescribed Purposes. Richemont makes no representation that Content is appropriate or available for use in every country of the world. You are responsible for compliance with applicable local laws, keeping in mind that access to Content may not be legal by certain persons or in certain countries. Our products are available in many parts of the world. However, the Media Centre may identify products that are not available worldwide.

If any provision, or part of a provision, of these Media Centre Terms of Use is found to be illegal, invalid or unenforceable, that provision or part-provision shall be deemed not to form part of these Media Centre Terms of Use, and the legality, validity or enforceability of the remainder of the provisions of these Media Centre Terms of Use shall not be affected, unless otherwise required by operation of applicable law.

These Media Centre Terms of Use constitute the entire agreement between you and us in relation to the use of the Media Centre, and replace and extinguish all prior agreements, draft agreements, arrangements, undertakings, or collateral contracts of any nature between us, whether oral or written, in relation to such subject matter.

The waiver by Richemont of a breach of any provision of these Media Centre Terms of Use will not operate to be interpreted as a waiver of any other or subsequent breach.

Applicable law and jurisdiction

These Media Centre Terms of Use shall be governed by and construed in accordance with the laws of Switzerland, without reference to conflict of laws provisions. Any dispute, controversy or claim arising out of or in relation to the Media Centre Terms of Use, including the validity, invalidity, breach or termination thereof, shall be adjudicated or arbitrated in accordance with said Media Centre Terms of Use.