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The Tourist in Paris Terms of use (business users)

1. What are these Business Terms of Use about?

1.1 These terms of use for Business Users (the “Business Terms of Use“) set out how Business User(s) may use The Tourist in Paris Online Services to enable users of their product or service to access, view and/or listen to The Tourist in Paris Content. Business Users in these Business Terms of Use are those who act in a business capacity (“Business User“). These Business Terms of Use apply solely to Business Users of The Tourist in Paris Online Services. If you are not a Business User, please read the Terms of Use of The Tourist in Paris Online Services.

1.2 Additional terms which vary or supplement these Business Terms of Use may apply to your use of some The Tourist in Paris Online Services (“Additional Terms“). If so, these Additional terms will be set out at the point of access to the relevant The Tourist in Paris Online Services. If there is any inconsistency between the Additional Terms for a particular The Tourist in Paris Online Service and the Business Terms of Use, the Additional Terms will prevail. These Business Terms of Use and any Additional Terms are collectively referred to as “Business User Terms“. Any reference in the Business User Terms to “you” or “your” means you, as a Business User.

1.3 The Tourist in Paris may update the Business User Terms from time to time so please review them regularly. Business User agrees to be legally bound by whichever version of the Business User Terms is in force at the relevant time. By using The Tourist in Paris Online Services, you indicate that you accept the Business User Terms and that you agree to comply with them. Your continued use of The Tourist in Paris Online Services will be deemed acceptance of any subsequent revisions to the Business User Terms. If you do not agree with the Business User Terms or any revisions, please do not use The Tourist in Paris Online Services.

1.4 The Tourist in Paris Online Services are made available to Business Users under the Business User Terms by The Tourist in Paris, 3 place d’Estienne d’Orves 92300 Levallois-Perret – France.

1.5The Tourist in Paris Online Service(s)” are any The Tourist in Paris or other The Tourist in Paris -authorised internet services, websites, products and/or software applications that enable users of a Business User’s product or service to access, view and listen to The Tourist in Paris Content on compatible devices and are identified as ” The Tourist in Paris Online Services” in Additional Terms.

1.6The Tourist in Paris Content” means audio, video, text, images or other content made available by The Tourist in Paris through The Tourist in Paris Online Services and may sometimes include content which is owned or controlled by third parties which The Tourist in Paris is permitted to make available through the relevant The Tourist in Paris Online Service.

1.7 If you have any questions about the Business User Terms or your use of The Tourist in Paris Online Services, you can contact The Tourist in Paris.

1.8 If you receive any enquiries which relate to The Tourist in Paris, any The Tourist in Paris Online Service and/or The Tourist in Paris Content, you should promptly refer such enquiries to The Tourist in Paris.

1.9 If you think that The Tourist in Paris Content should not be appearing on a website, blog or service then please contact The Tourist in Paris.

2. General prohibition of use and intellectual property rights

2.1 Unless otherwise expressly stated in the Additional Terms of a particular The Tourist in Paris Online Service:

  • 2.1.1 you may not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, distribute, lend, hire, sub-license, rent, perform, make a derivative work from, make available to the public, adapt, alter, edit, re-position, frame, rebrand, change or otherwise use in any way any The Tourist in Paris Online Services and/or The Tourist in Paris Content in whole or in part on your product or service or elsewhere or permit or assist any third party to do the same except to the extent permitted at law (“Restricted Acts“);
  • 2.1.2 all copyright, trade marks, design rights, patents and other intellectual property rights (registered and unregistered) in The Tourist in Paris Online Services and/or The Tourist in Paris Content shall remain vested in The Tourist in Paris or its licensors; and
  • 2.1.3 the names, images and logos identifying The Tourist in Paris, its licensors or third parties and their products and services in The Tourist in Paris Online Services and/or The Tourist in Paris Content are subject to copyright, design rights and trade marks (registered and unregistered) of The Tourist in Paris or any other relevant third party or licensor.

2.2 Except as expressly stated in the Additional Terms of a particular The Tourist in Paris Online Service, all The Tourist in Paris and/or licensor rights (including copyright, trade marks, patents, design rights and other intellectual property rights) in The Tourist in Paris Online Services and/or The Tourist in Paris Content are reserved by The Tourist in Paris as owner or on behalf of licensors as licensee, as appropriate and nothing in the Business User Terms operates to transfer or licence these rights to Business Users. For the avoidance of doubt, nothing in the Business User Terms will operate to transfer or license any rights owned by the The Tourist in Paris in any The Tourist in Paris trade marks or logos and any rights owned by The Tourist in Paris as owner or on behalf of licensors as licensee as appropriate in The Tourist in Paris Content.

3. Additional terms – Licence conditions

3.1 Where Additional Terms permit a Business User to do one or more of the Restricted Acts, subject to the Business User Terms (in particular clause 2, clause 4 and clause 5 of these Business Terms of Use) and the Business User’s acceptance of and compliance with the Business User Terms, The Tourist in Paris grants the Business User a royalty-free, non-transferable, non-exclusive licence to use The Tourist in Paris Online Services to enable users of the Business User’s product or service to access, view and/or listen to The Tourist in Paris Content on the Business User’s product or service to the extent permitted by the Additional Terms; PROVIDED THAT the following conditions are satisfied:

  • 3.1.1 The Tourist in Paris Online Services are used as an incidental or ancillary part of the Business User’s product or service and are not used to create pages or services that have a similar look and feel to a page on The Tourist in Paris Online Service;
  • 3.1.2 the Business User’s product or service contains other third party services that are similar to the relevant The Tourist in Paris Online Services;
  • 3.1.3 access to The Tourist in Paris Online Service and/or The Tourist in Paris Content is made available to all users of the Business User’s product or service free of charge or, if there is no version of the Business User’s product or service made available to users free of charge, access to The Tourist in Paris Online Service and/or The Tourist in Paris Content is made available to users at the lowest cost point for access to the Business User’s product or service. The Business User may not charge users incrementally to access any The Tourist in Paris Online Service and/or The Tourist in Paris Content or otherwise directly commercialise any The Tourist in Paris Online Service and/or The Tourist in Paris Content;
  • 3.1.4 all The Tourist in Paris Online Services and/or The Tourist in Paris Content on any Business User’s product or service are available to all users of the Business User’s product or service as made available by The Tourist in Paris and the Business User may not edit The Tourist in Paris Online Service and/or The Tourist in Paris Content to create derivative or new editorial comprising parts or edits of any The Tourist in Paris Online Service and/or The Tourist in Paris Content on the Business User’s product or service;
  • 3.1.6 the Business User acknowledges that The Tourist in Paris Online Service and The Tourist in Paris Content is made available to the Business User and to the users of its product or service at the sole discretion, management, operational and editorial control of The Tourist in Paris. The Tourist in Paris reserves its right to interrupt, discontinue, remove or suspend the whole or part of any The Tourist in Paris Online Service and/or The Tourist in Paris Content from time to time for operational reasons, such as maintenance, network performance and volume of use or for other necessary and reasonable purposes such as for editorial purposes or in order to comply with applicable policy or regulation;
  • 3.1.8 the Business User will not give undue prominence to The Tourist in Paris Online Services and/or The Tourist in Paris Content on its product or service when compared to similar services or content of other third parties included on the Business User’s product or service;
  • 3.1.9 The Tourist in Paris Online Services are used in accordance with applicable with our privacy.

3.2 In the Business User Terms, “Excluded Products or Services” are products and services which:

  • 3.2.1 contain pornography and sexually explicit content;
  • 3.2.2 contain offensive text or images;
  • 3.2.3 incite hatred whether based on race, religion, gender, sexuality or otherwise, or promote, encourage or facilitate anti-social behaviour;
  • 3.2.4 contain gratuitous violence or promote, encourage or facilitate violence;
  • 3.2.5 promote, encourage or facilitate terrorism or other activities that risk national security;
  • 3.2.6 discriminate against any specific social group or otherwise exploit vulnerable sections of society;
  • 3.2.7 promote, facilitate or encourage illegal activity;
  • 3.2.8 are misleading, defamatory, or that contain illegal, or otherwise actionable content under Franch law;
  • 3.2.9 infringe individual privacy (based on the parameters laid down in the “Privacy” chapter
  • 3.2.10 put the welfare of children at risk;
  • 3.2.11 promote the tobacco industry or the armaments industry (including gun clubs);
  • 3.2.12 might be perceived as damaging the The Tourist in Paris’ reputation for accuracy and impartiality and
  • 3.2.13 bring The Tourist in Paris into disrepute.

This list is not exhaustive and may be amended by The Tourist in Paris from time to time.

4. The Tourist in Paris Credit and The Tourist in Paris Credit Link

4.1 If you use The Tourist in Paris Online Service as may be permitted by particular Additional Terms, you must provide The Tourist in Paris with a credit in one of the following forms in a reasonably prominent location beside each The Tourist in Paris Online Service and/or The Tourist in Paris Content on your product or service:

  • 4.1.1 “Source – The Tourist in Paris – © [year]” (delete as applicable); or
  • 4.1.2 “Reproduced under licence from The Tourist in Paris – © [year]” (delete as applicable)
  • (collectively referred to as “The Tourist in Paris Credit“)

4.2 If you use The Tourist in Paris Online Services as may be permitted by particular Additional Terms, you must provide a functional hyperlink back to the location of relevant The Tourist in Paris Content in the form of the The Tourist in Paris Credit (“The Tourist in Paris Credit Link“). If it is not technically possible to provide The Tourist in Paris Credit Link, The Tourist in Paris Credit alone will be sufficient.

4.3 The Business User will ensure that all The Tourist in Paris Credit Links will always be one click away from the relevant The Tourist in Paris Content and that there will be no interstitial content between any The Tourist in Paris Credit Link and the relevant The Tourist in Paris Content.

5. Business User obligations

5.1 The Tourist in Paris Online Service and/or The Tourist in Paris Content will be made available in full on the Business User’s product or service by the Business User in accordance with the Business User Terms.

5.2 The Business User will ensure that its product or service is reasonably maintained and that its product or service accurately displays all The Tourist in Paris Online Services and/or The Tourist in Paris Content.

5.3 Where The Tourist in Paris Online Service (including The Tourist in Paris Content) updates and/or changes from time to time, the Business User will:

  • 5.3.1 access The Tourist in Paris Online Service at the location authorised by The Tourist in Paris;
  • 5.3.2 unless The Tourist in Paris Online Service is unavailable, display The Tourist in Paris Online Service (including any The Tourist in Paris Content) on the Business User’s product or service subject to reasonable technical delays as soon as The Tourist in Paris Online Service and/or The Tourist in Paris Content become available at the location authorised by The Tourist in Paris and remove The Tourist in Paris Online Service and/or The Tourist in Paris Content as soon as they are no longer available from the location provided; and
  • 5.3.3 update The Tourist in Paris Online Service (including any The Tourist in Paris Content ) on the Business User’s product or service at the frequency as may be specified in the Additional Terms to ensure The Tourist in Paris Online Service (including any The Tourist in Paris Content) available on the Business User’s product or service is accurate and up-to-date.

6. Announcements, advertising, sponsorship and marketing

6.1 The Business User will not cause or permit any advertising, sponsorship or marketing to be displayed on any Business User’s product or service in such a way so that it is associated directly with any The Tourist in Paris Online Services and/or The Tourist in Paris Content; and/or is graphically or technically combined with any The Tourist in Paris Online Service and/or The Tourist in Paris Content; and/or is placed interstitially within the user’s journey to the relevant The Tourist in Paris website page on which the relevant The Tourist in Paris Content is published.

6.2 The Business User will not claim nor imply that it has an exclusive relationship with The Tourist in Paris; that it offers exclusive access to The Tourist in Paris Online Services and/or The Tourist in Paris Content; or that The Tourist in Paris endorses any Business User’s product or service.

6.3 The Business User may not refer to the availability of The Tourist in Paris Online Services and/or The Tourist in Paris Content on its product or service in any of its marketing and communication materials.

6.4 The Business User will ensure that there is no advertising, sponsorship or marketing placed directly over or next to any The Tourist in Paris Online Service and/or The Tourist in Paris Content on the Business User’s product or service. If any The Tourist in Paris Online Service and/or The Tourist in Paris Content form the majority of a page or view on the Business User’s product or service, then the Company will ensure that there is no advertising, sponsorship or other marketing placed on that same page or view.

6.5 The Business User will not issue any press release or make any other public announcement of its use of The Tourist in Paris Online Services and/or in connection with The Tourist in Paris Content without the prior written consent of The Tourist in Paris.

7. Business User costs and charges

7.1 Save as expressly set out in the Business User Terms, the parties will each meet their own costs of performing their respective obligations under the Business User Terms.

8. Business User reporting

8.1 At the reasonable request of The Tourist in Paris, the Business User will share with and provide to The Tourist in Paris at least once every three (3) months any data and market research relating to the use of The Tourist in Paris Online Services by users of the Business User’s product or service and this data as a proportion of overall use of the Business User’s product or service. This data and market research may include numbers of unique users using The Tourist in Paris Online Service on the Business User’s product or service, but this data will not include any data which contravenes applicable data protection or data security laws and will not identify any third parties.

9. Business User warranties

9.1 Business User represents and warrants to The Tourist in Paris that:

  • 9.1.1 it has the full right, power and authority to enter into the Business User Terms;
  • 9.1.2 it will comply with all applicable laws and regulations;
  • 9.1.3 it will comply with its obligations under the Business User Terms;
  • 9.1.4 it will ensure that The Tourist in Paris Online Services (including any The Tourist in Paris Content) are used accurately and are up-to-date in accordance with clause 5 and that The Tourist in Paris Online Services are available and enabled on the Business User’s product or service at all times when that product or service is available;
  • 9.1.5 it will ensure that the Business User’s product or service is reasonably maintained;
  • 9.1.6 it will not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, distribute, lend, hire, sub-license, rent, perform, make a derivative work from, make available to the public, adapt, alter, edit, re-position, frame, rebrand, change or otherwise use in any way any The Tourist in Paris Online Services and/or The Tourist in Paris Content in whole or in part on the Business User’s product or service or elsewhere or permit or assist any third party to do the same except to the extent permitted in the Additional Terms and at law; and
  • 9.1.7 it will not use The Tourist in Paris Online Services and/or provide access to The Tourist in Paris Content in any way that could bring The Tourist in Paris into disrepute or otherwise cause The Tourist in Paris any loss or damage.

9.2 Except as expressly provided in the Business User Terms, neither party makes to the other any representations nor gives to the other any warranties (whether express or implied) to the extent permitted by applicable laws.

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10. No The Tourist in Paris warranty

10.1 The Tourist in Paris Online Services and The Tourist in Paris Content including the information, names, images, pictures, logos and icons regarding or relating to The Tourist in Paris, its products and services (or to third party products and services), are provided on a free-of-charge, “as is” and on an “as available” basis. To the extent permitted by law, the The Tourist in Paris excludes all representations and warranties (whether express or implied by law), including the implied warranties of satisfactory quality, fitness for a particular purpose, compatibility, security and accuracy. The Tourist in Paris does not guarantee the timeliness, completeness or performance of The Tourist in Paris Online Services and/or The Tourist in Paris Content.

10.2 While The Tourist in Paris tries to ensure that all The Tourist in Paris Content is correct at the time of publication, no responsibility is accepted by or on behalf of The Tourist in Paris for any errors, omissions or inaccurate The Tourist in Paris Content.

10.3 The Tourist in Paris does not warrant that the provision of The Tourist in Paris Online Services and/or The Tourist in Paris Content will be uninterrupted or error free, that defects will be corrected or that The Tourist in Paris Online Services and/or The Tourist in Paris Content are free of viruses or bugs. Business User acknowledges that it is its responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy its particular requirements for the accuracy of data input and output.

11. Limitation of The Tourist in Paris Liability

11.1 The Tourist in Paris Online Services and The Tourist in Paris Content are made available on a free-of-charge, “as-is” and on an “as available” basis. Accordingly, subject to clause 11.2, and to the extent permitted by law, The Tourist in Paris excludes all liability to the Business User for any loss or damage howsoever arising out of or in connection with the Business User Terms, including but not limited to any liability arising in relation to The Tourist in Paris Online Services or The Tourist in Paris Content or any virus or other contamination or any unavailability of The Tourist in Paris Content or The Tourist in Paris Online Services. In addition, subject to clause 11.2, The Tourist in Paris will not be liable for any of the following losses or damage (whether such damage or losses were foreseen, foreseeable, known or otherwise) arising out of or in connection with the Business User’s use of The Tourist in Paris Online Services and/or in connection with The Tourist in Paris Content under the Business User Terms:

  • 11.1.1 negligence;
  • 11.1.2 loss of data;
  • 11.1.3 loss of revenue or anticipated profits;
  • 11.1.4 loss of business;
  • 11.1.5 loss of opportunity;
  • 11.1.6 loss of goodwill or injury to reputation;
  • 11.1.7 losses suffered by third parties; or
  • 11.1.8 any indirect, consequential, special or exemplary damages arising from the use of The Tourist in Paris Online Services and/or in connection with The Tourist in Paris Content regardless of the relevant form of action.

11.2 Nothing in the Business User Terms limits or excludes either party’s liability for:

  • 11.2.1 death or personal injury caused by its negligence;
  • 11.2.2 fraud or fraudulent misrepresentation; or
  • 11.2.3 any other liability which cannot be excluded or limited under applicable law.

12. Indemnity

12.1 The Business User agrees to indemnify, hold harmless and defend The Tourist in Paris in respect of all damages, claims, demands, liabilities (including liability to third parties), losses, costs and expenses, including reasonable legal fees and costs, arising out of or as a result of any breach of the Business User Terms by the Business User or otherwise in connection with its use of The Tourist in Paris Online Services or in connection with The Tourist in Paris Content or both.

13. Force Majeure

13.1 The Tourist in Paris will be in no way liable to the Business User for any delay or failure in performance which is due to a so-called act of God, strike or other official or unofficial labour dispute, union action, riot or civil commotion or any other cause outside its reasonable control, including (without limitation) directives from the DCMS, OFCOM and The Tourist in Paris Head office or other government or regulatory body.

14. Termination

14.1 The Tourist in Paris may terminate the Business User Terms at its sole discretion without cause at any time with immediate effect.

14.2 The Business User may terminate the Business User Terms at its sole discretion without cause at any time with immediate effect by ceasing to use The Tourist in Paris Online Services to enable users of its product or service to access, view and/or listen to The Tourist in Paris Content.

14.3 On the termination of the Business User Terms, all rights granted to the Business User under the Business User Terms will cease immediately and any use of The Tourist in Paris Online Services by the Business User on its product or service or otherwise will cease immediately.

15. General provisions

15.1 The Business User Terms will be governed by the laws of France and both parties submit to the exclusive jurisdiction of the courts of Paris in the event of any claim or dispute in connection with the Business User Terms. Nothing in the Business User Terms will be construed as creating a partnership, joint venture or agency relationship between The Tourist in Paris and the Business User. Any failure or delay by The Tourist in Paris in exercising its rights under any provisions of the Business User Terms will not be construed as a waiver of those rights. The Business User Terms are personal to the Business User and will not be assigned or otherwise transferred in whole or in part by the Business User. If any part of the Business User Terms is proven to be invalid, unenforceable or illegal, the other provisions will remain in force. The Business Terms of Use, including any Additional Terms, supersede all prior agreements and understandings between the parties concerning its subject matter and constitutes the entire agreement between the parties.

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