These are the “Terms and Conditions” for cms GOMEX™ and GOMEX Mobile Applications – divisions of the ComSat Media GmbH – and simply called CMS hereafter.
The Terms and Conditions (TOC) govern the use of the CMS by registered users as well as unregistered users. Members and/or unregistered users are sometimes collectively referred to as “you”. These TOC include websites and services located at or available through www.gomex-newsroom.com, www.gomex-newsroom.de, www.cms-gomex.com, www.cms-gomex.de, www.cms-gomex.biz, including without limitation, certain other co-branded web sites provided to customers, such as the broadcast room sites ("co-branded sites").
Membership at CMS is generally limited to journalists, blogger, media professionals and independent producers for media outlets that wish to incorporate content into their editorial products. However CMS reserves the right to grant access to other parties as it determines to be appropriate. If you are using CMS on behalf of a company or other entity, you confirm that you have the legal authority to enter into this TOC on behalf of such organization and the provisions of this TOC shall apply to all use of the content by such organization. References to a member in this TOC shall include such member's organization. Each member agrees to provide CMS with accurate and complete registration information. Members should provide updated registration information to CMS by sending an email to firstname.lastname@example.org. Members are responsible for maintaining the confidentiality of their password and account and each member is fully responsible for all activities that occur under such member's password and account. If any unauthorized use of your password or account or other breach of security occurs you must notify CMS immediately and promptly change your password. CMS is not directed to children under the age of 13 and children under the age of 13 should not register for this site. CMS will not knowingly collect personally identifiable data from anyone under 13.
Permitted use of content
Most of the content at CMS is free of charge; however some items require payment of a license fee. Content selected by a member which has been paid for (if required) may be (A) reproduced either in its entirety or in excerpted form, and captioned by the member solely for editorial use within such member's editorial products (i.e., video news stories, print articles etc.), and (B) transmitted, distributed, publicly performed and displayed anywhere in the world as part of such member's editorial products by internet, satellite or other means of distribution (whether now known or hereinafter developed), including broadcast, cablecast, web cast, display in web content, radio, print or other information distribution systems. Content which is not incorporated into a member's editorial products may not be stored in any temporary or permanent electronic database for future use or for other purposes unless agreed to in writing by CMS, however, editorial products which contain content may be archived as part of normal archival processes. You may not use any content for promotion or advertising of any product or service other than the editorial product into which the content is incorporated. A member's rights to use CMS and/or the content is non-transferable, and may not be resold, traded or otherwise transferred, except that the content may be transferred as part of normal distribution of the editorial product. No model releases or other rights clearances have been obtained for any content unless specified in the applicable content listing.
Use of the content in any manner other than as expressly permitted above requires the prior written consent of CMS. The rights granted to a member may be limited by additional TOC contained in any content listing and in any applicable co-branded terms which are incorporated into this TOC, so you should review those terms prior before use.
Each content provider retains all right, title, and interest in and to its content. You may not remove any copyright or other intellectual property notices contained in the content. You agree to attribute credit to the content provider if required by such content provider as indicated in the content listing.
As a member you are entitled to use the content posted at CMS in accordance with this TOC, any applicable content listing and any applicable co-branded terms, however your registration does not entitle you to be a content provider or to distribute your own content through CMS. If you are the owner or authorized licensee of content that you wish to make available for CMS, please contact email@example.com for additional information.
If you believe that any information or content has been used on this site in a manner not authorized by you and that constitutes copyright infringement, please provide CMS Copyright Agent with a written notice that includes the following information:- Electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed
- Identification of the copyrighted work claimed to have been infringed
- Description of where the material that you claim is infringing is located at CMS
- Your address, telephone number and e-mail address
- Statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
- Statement under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Third party links and content
Several links at CMS lead to websites maintained by third parties over whom CMS has no control. CMS makes no representations or warranties regarding (1) the accuracy or any other aspect of the information located on sites for which CMS provides links, (2) loss or damage to your computer, software, or data resulting from the use of such links or data or software found on the linked sites, or (3) the results of the use of such linked sites. CMS is not responsible for the availability or the content contained on the sites of these outside resources and you should direct any concerns regarding any external link to the site administrator or webmaster of such site. You acknowledge and agree that CMS does not endorse the content of any third party content provider and is not responsible for or liable for any of such content. All representations or other statements at CMS regarding the content and the content listings, including usage/rights information, are the responsibility of the applicable content provider and CMS shall have no liability for any inaccuracies in any such information. Any requests for specific rights clearance documents should be directed to the contact specified for the applicable content provider for such content and not to CMS. You acknowledge that CMS has the right in its discretion to refuse to post or remove any content which it deems to be inappropriate.
System Integrity: User Conduct
You may not use any device, software or routine to interfere or attempt to interfere with the proper workings of CMS. You may not take any action which imposes an unreasonable or disproportionately large load at CMS infrastructure. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor, deep link with or copy CMS websites or the content contained therein without CMS prior written consent. You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the content and CMS. No Warrant CMS provides CMS, the content and its services “as is” and without any warranty, express or implied. To the full extend permitted by applicable law, CMS specifically disclaims the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. CMS does not warrant that CMS will operate uninterrupted, error free or that CMS, its server and any content are free of computer viruses and other harmful elements. CMS makes no warranty regarding the accuracy, timeliness or completeness of any content, content listing or other information at CMS nor that the content or CMS will meet your requirements.
Limitation of Liability
In no event shall CMS, its content providers, other suppliers, licensors, or any third parties mentioned at CMS be liable for any damages whatsoever (including – without limitation – direct, indirect, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use CMS and the content, whether based on warranty, contract, tort, or any other legal theory, and whether or not CMS is advised of the possibility of such damages. CMS Applications shall not have any liability whatsoever arising from your use of or reliance on any content, on any information regarding the content, including the content listings, or at CMS Applications generally. Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for consequential or incidental damages, some of the limitations set forth herein may not apply to you.
You agree to indemnify and hold harmless CMS, its content providers and other licensors, and their respective affiliates, licensees, directors, officers, and employees against all liabilities, claims, damages, and expenses, including attorneys' fees ("collectively, "Losses"), arising from your use of the content or the CMS, or your violation or alleged violation of this TOC or allegations of your use of the content in any manner not permitted herein or by the terms of the content listing (including violations by any user of your account) or any applicable co-branded terms.
CMS reserves the right to immediately terminate your account in its discretion, including in the event CMS determines that your conduct is unacceptable, or in the event you breach this TOC, the terms of any content listing or any applicable co-branded terms.
Merger or Acquisition
In order to ensure a smooth transition of services for your membership, in the event of a merger, reorganization, or sale of CMS or sale of all or substantially all of the CMS owned portion of CMS, CMS may transfer your membership account and personally identifiable information to a third party acquirer as part of such transaction.
This shall be governed by and interpreted in accordance with the laws of Germany and applicable federal law, without regard to any conflict of law provisions.