Terms of Use

Montblanc Press Lounge
Terms & Conditions of Use

The Montblanc Press Lounge (hereafter the "Press Lounge") is provided by MONTBLANC, a German company located at Hellgrundweg 100, Hamburg, Germany D-22525 (hereafter “MONTBLANC").  The Press Lounge is available at https://press.montblanc.com/.

Use of the Press Lounge and access to the information and images contained therein regarding Montblanc products, events and other items of interest (hereafter “Contents”) is restricted exclusively to (i) accredited journalists and accredited members of the press, (ii) who have registered for the Press Lounge and (iii) have been approved by MONTBLANC (hereinafter “Authorized Users”).

The use of the Press Lounge and all information and images contained therein is governed by these terms and conditions (hereinafter “Terms”).

MONTBLANC may revise the Terms from time to time by updating this posting, with the revised Terms taking effect for all Authorised Users as of the date of posting.   MONTBLANC will notify the Authorised Users accordingly when any updates occur.

To become an Authorized User of the Press Lounge, Authorized Users must (1) be journalists or press members who are accredited properly and/or employed by a recognized media outlet, and (2) complete a registration process consisting of the following:

(i)            read and agree to these Terms located  at  https://press.montblanc.com//terms-of-use/ and then acknowledge the fact that these Terms have been read and agreed to by  ticking the “I  have read and accept all of the Terms of Use” box located in the sign-up pop-up;

(ii)          provide all necessary personal information requested by MONTBLANC; and

(iii)        confirm accreditation and/or employment as a member of the press/journalist, if requested by MONTBLANC.

(hereafter the “Registration Process”).

Once the Registration Process has been completed, MONTBLANC will provide the newly Authorized User a user name and password that will allow them to access and use the Press Lounge.  For security reasons, the password issued by MONTBLANC to Authorized Users cannot be changed.  Authorized Users who forget their passwords and wish to have access to the Press Lounge should contact MONTBLANC and request a new password by clicking on the icon “Forgot your Password” located on the  login screen.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE PRESS LOUNGE

By registering for access to the Press Lounge, accredited members of the press or accredited journalists declare that they have read and accept these Terms.  If an accredited member of the press or journalist does not accept these Terms, then he or she is not allowed to register for the Press Lounge and consequently will not be allowed to use the Press Lounge and the Contents.

By completing the Registration Process and ticking the associated “I have read and accept these Terms of Use” box, Authorised Users also signify their acceptance of these Terms.

 

1. Use of Content from the Press Lounge

MONTBLANC maintains the Press Lounge as a working tool, notably to facilitate access to current product information and audio-visual materials about MONTBLANC products for public relations, publicity, and newsworthy editorial uses only, in both traditional print and digital media, including social media. The Content available from the Press Lounge is strictly reserved for use by Authorised Users to whom access has been granted by MONTBLANC for use in the normal course of their activities in particular for the preparation of articles, blogs, and press reviews for publication for example in newspapers, magazines, blogs in both digital and non-digital media, including social media.  In particular, Authorized Users will observe all instructions relating to use as set out in the Terms.  Any other reproduction, circulation or distribution of Content to by unauthorized individuals is expressly prohibited.

Authorised Users should assume that everything they see or read in the Press Lounge is proprietary information and, as such, is protected under national intellectual property laws world wide and international treaty provisions, unless otherwise noted.

Authorised Users may not sell, reproduce, share, communicate or otherwise distribute to any third party, modify, display, report or otherwise use any of the content found in the Secure Section in any way whatsoever except for the prescribed purposes as set out above.

Any element of the Content made available on or submitted through the Press Lounge may not be used or displayed on any web site or in any other networked computer environment without prior written authorisation from MONTBLANC unless such use is in relation to newsworthy editorial articles for the on-line and off-line press.

Any unauthorised use of the Press Lounge Content by an Authorised User may violate notably copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. If MONTBLANC becomes aware or suspects that an Authorised User has infringed any of these Terms, permission to use or access the Press Lounge and the Content therein may be terminated immediately, and the Authorized User’s profile cancelled. In this event, the Authorized User must immediately destroy and/or delete any copies made of any content from the Press Lounge in whatever format. Furthermore, Authorised Users may not establish outside links to the Press Lounge or any of its pages from any web site.

Furthermore, Authorised Users agree to:

  1. respect all embargos imposed by MONTBLANC regarding the release and/or publication of any information, including any element of the Content, contained within the Press Lounge;
  2. notify MONTBLANC immediately in the event that he or she becomes aware of any unauthorised use of their profile, including security breaches of whatever nature (for example circumvention or hacking); and
  3. ensure that computer terminals, PDAs and any mobile devices utilized by the Authorized User for access to the Press Lounge have restricted access and that he or she logs out correctly at the end of each session on the Press Lounge.

 

2. Trademark Notice

The MONTBLANC trademarks, logos and service marks appearing in the Press Lounge consist of registered and unregistered trademarks of MONTBLANC or its affiliates or have been licensed to MONTBLANC and its affiliates by third parties.

Nothing contained in Press Lounge should be construed as granting, by implication or otherwise, any licence or right to use any trademark displayed in the Press Lounge with the exception of use as defined above. Misuse of any trademark displayed on the Secure Section except as provided herein, is strictly prohibited.

 

3. Copyright Notice

The copyright in all content and images available on or from the Press Lounge is either held by MONTBLANC or used by MONTBLANC under licence. Authorised Users acquire no rights in the content or visuals and MONTBLANC makes no warranties with regard to the use of the same.

Any copyright notices appearing adjacent to visuals should be reproduced in an identical form. In all other cases and unless otherwise indicated, the following photographic credit must appear adjacent to any visuals made available in the Press Lounge: Copyright © MONTBLANC. All rights reserved.

Authorised Users may not use any visuals found in the Contents of the Press Lounge in any way that could be construed as derogatory, defamatory, pornographic or illegal. The right to adapt, modify, crop or create derivative works from visuals found in the Contents of the Press Lounge is expressly prohibited.

Authorised Users may not use any visual found in the Contents of the Press Lounge in such a way that it would violate the image rights or the rights of privacy or publicity of any person who appears in any such visual. Nothing contained in these Terms should 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 visual. Authorised Users are solely responsible for obtaining the necessary releases and permissions to use the name, likeness or other characteristics of any such person.

Other than for the prescribed purposes, Authorised Users may not store, syndicate or archive any element of the Content, including any visuals, or publish any element of the Content, including any visuals, to a network, public image archive, social network, blog or similar media tools. Furthermore, they may not grant any right or license to use Content from the Press Lounge to any unauthorised third party.

 

4. User Profiles

Once registered, Authorised Users will receive a user name and password (hereafter the “User Profile”) allowing them access to the Press Lounge. User Profiles may not be shared with or disclosed to any unauthorised party. Authorised Users will be held liable for any damage caused through use of their User Profile by any unauthorised person, including liability for unauthorised use of any element of the Content available from the Press Lounge.

For security reasons, the password issued by MONTBLANC to Authorized Users cannot be changed.  Authorized Users who forget their passwords and wish to have access to the Press Lounge should contact MONTBLANC and request a new password by clicking on the icon “Forgot your Password” located on the  login screen

 

5. Personal Information and Data Collection

Authorised Users hereby expressly authorise MONTBLANC to collect personal information relating to them, such personal information being provided by them, as deemed necessary by MONTBLANC, through the Registration Process, consisting of their name, email address, the media/press outlet and/or organization that is their employer or provider of their accreditation, and the country in which the headquarters of their employer/provider of accreditation is located.

Furthermore, Authorised Users hereby expressly authorise MONTBLANC to collect data relating to their use of the Press Lounge, on an anonymous, aggregate basis, such data being automatically provided when they log on to the Press Lounge through the use of tracking software (including cookies).

MONTBLANC uses this data, in particular, to (i) improve the Press Lounge,  (ii) fulfil any general requests from Authorised Users, and (iii) respond to general questions or comments Authorised Users may choose to submit.

MONTBLANC also uses this data to survey use of the Press Lounge and prevent any abuse of the same.

Furthermore, MONTBLANC may use collected personal information for normal business purposes and as a marketing tool to send invitations or advise Authorised Users of special MONTBLANC events.

MONTBLANC will use its reasonable endeavours to ensure that such data is kept secure and is accessible to authorised MONTBLANC and/or affiliate companies' personnel. Furthermore, MONTBLANC may provide access to persons or companies who carry out internal operations in relation to its business. MONTBLANC does not sell, rent or otherwise make available any personal data to third parties, except to its legal advisors or as may be required by law.

Any request concerning Authorised Users’ personal information and/or cancellation of their Registration should either be e-mailed to the following addresse:

press@montblanc.com

or sent by post to the following address:

Montblanc International GmbH
PR Department
Hellgrundweg 100
22525 Hamburg

 

6. Responsibility

The Press Lounge is made available to Authorised Users "as is" and it should be accessible at all times. However, MONTBLANC may modify the service, discontinue the Press Lounge or cancel Authorised Users' access to the Press Lounge, with immediate effect, at its entire discretion at any time. Furthermore, MONTBLANC does not guarantee an uninterrupted access to the Press Lounge, nor that it is error free or completely secure. Consequently, Authorised Users accept that MONTBLANC cannot and will not accept responsibility for any error, omission, interruption of service, whether temporary or permanent, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, alteration of, whether or not arising during operation or transmission as a result of server functions, virus, bugs or other causes outside its control and that any such event as described will not give rise to any right to claim for damages, indemnities or any other form of compensation of any nature whatsoever to the Authorized User.

MONTBLANC cannot accept any responsibility for any damage or loss of any kind suffered, directly or indirectly, in any way whatsoever, through use of the Press Lounge. In particular, MONTBLANC is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment, software failure of any kind on account of technical problems or traffic congestion on the Internet, telephone lines or any combination thereof, including any injury or damage to Authorised User's or any other person's computer, PDA, computer tablet or mobile telephone and the like related to or resulting from use of the Press Lounge.

Furthermore, any costs, related to access and use of the Press Lounge by an Authorised User including, but not limited to hardware, software and all Internet connection charges payable to Authorised User's service provider and/or telephone company, shall be borne by Authorised User.

Authorised Users understand and agree that non-compliance with the Terms could cause irreparable damage to MONTBLANC and/or its affiliated companies. Consequently, Authorised Users shall indemnify MONTBLANC 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 their use of the Press Lounge and any Content from the or any breach of these Terms.

EVERYTHING ON THE PRESS LOUNGE IS PROVIDED "AS IS" AND "AS AVAILABLE" 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.

Under no circumstances whatsoever shall MONTBLANC be liable for any loss arising out of or in connection with the use of any Content, including any information or visuals available from the Press Lounge whether direct or indirect including, without limitation, any liability relating to any loss of use, interruption of business, lost profits or lost data, or incidental, special or consequential damages of any kind regardless of the form of action, whether in contract, tort (including negligence) or otherwise, even if MONTBLANC has been advised of the possibility of such damages.

This limitation of liability will benefit MONTBLANC, its affiliated companies, directors, managers, employees and agents etc. and will apply to any action in law based on these Terms whether for negligence or other act based on use of the Press Lounge and the Content there in, including any images and information contained therein.

 

7. Termination

MONTBLANC may terminate Authorised Users' access and use of the Press Lounge if it reasonably believes that they have violated or acted inconsistently with these Terms, or violated its rights or those of any third party, or for any reason with or without notice.   Montblanc may also terminate Authorized Users’ access and use of the Press Lounge if it is determined reasonably that the Authorized User in question is not a member of the authorized press (e.g. he or she is not employed by a recognized media outlet or is not accredited properly).

In the event that access to the Press Lounge is terminated, for whatever reason, no indemnity of any nature whatsoever will be due to any Authorised User or its employer by MONTBLANC.

Upon cancellation of the User Profile of the Authorized User and access to the Press Lounge, MONTBLANC will, on request, remove any related personal information from its Authorised User database.

 

8. Severability

If any portion of these Terms is held to be unenforceable, the unenforceable portion shall, to the greatest extent possible, be construed in accordance with German law. If any portion of these Terms become or are declared to be illegal or otherwise unenforceable, such portion of these Terms shall be where possible replaced with a valid provision, which most closely approximates the intent and economic effect of the invalid provision. All remaining Terms shall remain in full force and effect.

 

9. Applicable law

These Terms shall be interpreted in accordance with the laws of Germany without regard to its conflict of law provisions. In the event that any dispute arises in relation to these Terms, the Parties hereto agree to meet in good faith in order to resolve the dispute amicably.

Failing amicable resolution, all disputes, actions or claims between the Parties whatsoever arising shall be adjudicated upon by the courts of Hamburg, Germany to whose exclusive jurisdiction the Parties hereby irrevocably submit.

 

Date of Posting: August 2014