1. Application
1.1. These general terms and conditions ("Terms and Conditions") will apply to any contract, including any addition, between Enimerosi (the "Company") and the Customer (the "Customer") regarding the provision of digital articles from the Monitoring platform, the creation of digital Press Monitoring reviews and the purchase of license for private use of Clippings by customers, based on the principles of licensing by OSDEL.
1.2. Any changes to these Terms and Conditions forced by the Company due to technical or operational requirements, which are deemed reasonable and are taking account of the Customer's interests, will be published on this page without delay. The changes will then take effect for the Customer, unless he objects and submits a written notice of termination of subscription within three (3) weeks from publication of this change.
1.3. Unless otherwise specified, only these Terms will apply and, in priority over these Terms, a print contract that may be signed separately between the Company and the Customer will be applied instead.
1.4. Any contradictory or divergent terms, especially any general terms and conditions of the Customer, will be binding only if the Company has expressly agreed with them in writing.
2. Signing a contract, written form and amendments
2.1. By giving consent to the acceptance of the Terms of Use related to the creation and use of digital Press Monitoring services, the Customer makes a binding offer for the conclusion of the contract. The Company may on a case-by-case basis accept this offer by providing a pre-agreed form, as a result of which the contract is concluded.
2.2. This contract is the basis for the next purchase process on the Monitoring Platform, where the Customer can purchase specific license to use information for specific topics.
2.3. Contracts must be concluded in writing, either electronically or in print. Oral agreements before, during and / or after the conclusion of the contract, as well as any additional and subsequent amendments or additions must also be in writing to be valid. This also applies to waiving any claims.
3. Monitoring Platform, data sources and availability
3.1. After the conclusion of the contract, the Company allows the Customer to access the Monitoring service. Once the Customer completes the purchase process, personal login credentials required to use the service (where applicable) will be sent to the Customer by the end of next business day. Bots or other software designed for automatic access are not permitted.
3.2. By clicking "Buy", the Customer buys selected topics: that is, acquires the rights to use specific articles from selected media, in accordance with these terms and conditions.
3.3. The Print Media sources -from which digital articles can be provided- are published on this website, with the respective licenses available in each case. Both available data sources and licenses are constantly updated. The Company reserves the right to grant new access to individual Data Sources or - if the publisher or content provider suspends or no longer makes them available to the Company for licensing - to withdraw them from the Platform. In case of withdrawal of a Data Source, the Customer will have the right to replace it with another without compensation. It is explicitly stated that the Customer may not request monetary or other compensation from the Company for the withdrawal of sources of information.
3.4. The Company strives to keep the Monitoring system available 24 hours a day without interruption. However, due to the nature of technology and the Internet, this is not always guaranteed. The Company also reserves the right to limit or temporarily suspend operating hours for technical reasons. The Company will endeavor to limit the frequency and duration of any interruptions or reduced access to the minimum.
4. Right of use
4.1. In the context of the agreement that implies the acceptance of these Terms, the Company on behalf of OSDEL provides the Customer with the non-exclusive right of limited time and content to:
- download Clippings, which are digitally available on the Monitoring Platform, for the purposes of the customer's personal use
- use the Clippings received by the Customer, to the extent required to create Press Monitoring reviews
- photocopy or digital reproduce and temporary save (up to 30 days after receipt) Press Clippings, for the sole purpose of personal use
4.2. The usage rights are geographically unlimited, unless another clear restriction has been published at the time of purchase.
4.3. Customer will automatically receive the rights to use the Clippings for his personal use, as soon as a specific purchase process on the website is completed.
5. Scope of the right of use
Customer has the right of use only to the following frame:
5.1. Number of readers - Customer can handle Press Clippings for personal use only. The Customer must take all possible and technically reasonable care to ensure that this obligation is met (eg by using a password protected area). In case of violation of these terms, the subscription is automatically and indefinitely terminated.
5.2. Personal use by an agreed group of readers - The Customer may use the Press Monitoring only for informational purposes and only on a personal screen, e.g., via local network or email.
5.3. No provision for distribution to third parties - Clippings are not permitted to be sent to any third party, especially not for commercial purposes, such as selling articles or abstracts. In addition, access to our Monitoring service is not allowed, directly or indirectly, to any third parties. Third parties for the purposes of this provision are all those not explicitly covered by the agreed recipient groups.
5.4. Period of use - The retention of a copy of digital articles sent as Press Monitoring is allowed for a period of up to twelve (12) months from the day of sending to the Customer's account. The copy may only be accessible to predefined individuals and may be automatically deleted after that period has expired. It may not be distributed, reproduced or used in any other form.
5.5. No Authorization to Create a Database - Customer is not permitted to create a database (including research scopes) using the articles received as Press Monitoring, even if the relevant archiving rights are purchased.
6. Additional provisions on rights
The following additional provisions and restrictions apply to rights:
Permission in due time - The content of Press Clippings is protected by copyright in accordance with Law 2121/1993. For the distribution of clippings to the Customer and for their further reproduction and distribution, a permission is required from OSDEL, who represents the Press publishers. The Customer must have a license to use the articles he receives on the Monitoring Platform, following the relevant instructions. This can be done individually for a short-term subscription or on an annual basis. The Company includes always the obtaining of the license during the purchase process of any subscription.
Restrictions on license transferring - The licenses refer exclusively to the beneficiaries represented by OSDEL - publishers of newspapers and magazines and do not cover any works of speech, which are not protected by intellectual property due to the expiration of the validity period. Additionally, licensing does not cover the permanent storage of Clippings on a computer for archiving reasons.
Additional services - In the context of license agreements with the Company or OSDEL, further additional services may be agreed.
7. General Obligations of the Customer
In addition to the obligations already mentioned, the following general obligations apply:
7.1. Prohibition of editing and / or modifying articles - The content of the articles received may not be altered, shortened, summarized or modified in any other way. The edit and modification prohibition also applies to the headline, subcategory and author.
7.2. Mandatory provision of notes on copyright and the origin of articles - The Customer is obliged to mark all articles forwarded to readers and / or archived with the relevant notes on copyright and the origin of articles. Articles should be marked in particular with the following details: author, source, date of publication and, where applicable, title.
7.3. Responsibility for the compliance with the contractual obligations of the readers - The Customer is obliged to inform the readers who have access to the Press Monitoring, for full compliance with the relevant obligations to which he is also subject, according to the contract with the Company. To this end, the Customer will take appropriate technical and other measures to ensure compliance with the contractual terms, in particular with restrictions of use and archiving rights, to the extent technically feasible. The Customer will be responsible for the misconduct of these readers as it will be for himself.
8. Responsibility
8.1. The Company does not own or transfer any rights of publication, exploitation or intellectual property of works that may be found in the provided Monitoring results or in any other form. These results may not be transferred or made public or exploited or modified in any way. Customer explicitly states that will refrain from any such action, otherwise undertakes the obligation to compensate the Company in full for any damage that is subjected, due to related responsibilities.
8.2. The Company and its employees are not responsible for any damages suffered by the Customer under this contract. This applies in particular to the archiving, which is carried out by the Customer exclusively in his own interest and is implemented within specific permission frames. In relation to the accuracy of the content of the received and archived articles and / or in relation to any loss of power due to time expiration, any liability is also excluded.
8.2. To the extent that liability is excluded, this also applies to the personal liability of the Company's employees and representatives.
8.3. The Company does not bear any responsibility for unforeseen events and cases of force majeure, due to which services may not be carried out.
8.4. The Company has performed all appropriate and possible checks with the latest antivirus program updates. However, it is not responsible for the existence of viruses or other related harmful electronic elements in sent files of any type. For this reason Customer has the obligation to check the received electronic files, as well as the sole responsibility for the use of the Company Website. The Company is not responsible for any damages that will arise from the reasons mentioned above.
9. Payment, Invoicing and Declarations
The payment is based on the contract (Terms of use) and the current prices which are valid at the time of purchase, as published on the website. All prices specified in the contract and during the purchase process are final, excluding only the legally applicable VAT. The Customer will receive a detailed document with each subscription.
10. Validity of the contract, termination and blocked access
10.1. The Agreement to obtain Press Monitoring services and the relevant licensing is concluded for a predetermined period of time, chosen by the Customer among the available packages. Each contract can be terminated at any time with a written notice, at least two (2) weeks before the desired end of subscription.
10.2. If the Customer violates its obligations under the contract with the Company, in particular through any unauthorized use of the Company's services and / or the Monitoring System, copyright infringement or false number of readers, the Company is entitled to terminate the contract without warn and block access to the Monitoring System with immediate effect, if the Customer had previously been warned of this breach of contract and nevertheless failed to fulfill the contractual obligation within two (2) days. In cases of significant breach, especially in case of repeated breach of the same contractual obligations, the Company reserves the right to claim further claims (especially for disclosure of information or for damages).
10.3. Company reserves the right to block inactive accounts after three (3) months since last access to the Monitoring Platform.
11. Customer support
For any technical questions, telephone support is provided to the Customer during working days and hours (Monday to Friday 7 am to 1 pm, excluding holidays).
12. Data protection
12.1. The personal data provided by the Customer to the Company under the service contract are protected in accordance with the General Regulation for Data Protection EU 2016/679 and its implementing Greek law.
The Company collects, processes and uses the Customer data which were communicated to it, in order to create, execute and terminate the contractual relationship with the Customer. The Company stores the Customer's purchase history only to the extent and for as long as it is required to execute the contractual relationship and the billing process. If the invoices issued by the Company have not yet been paid or if there are disagreements about the amounts due, the purchase history can be saved for evidence. In addition, the Company will be allowed to collect, process and use purchase histories on an anonymous basis, for statistical reasons.
12.2. If the Customer agrees to receive a newsletter via e-mail / SMS / Messenger / Viber etc., the Company collects, processes and uses the respective e-mail addresses for this purpose.
12.3. The Customer can request information about the stored data at any time. Customer consent can be revoked with future validity at any time (by letter, fax or e-mail). The revocation must be addressed to the contact details of the Company.
13. Confidentiality
The Customer undertakes to treat the login credentials (username, password) in a confidential way and to take precautions to avoid misuse. The Company does not bear any responsibility for damages suffered by the Customer due to loss or misuse of the login data.
14. Final provisions
14.1. The place of execution and the exclusive place of jurisdiction for all disputes arising from or in relation to this contract is Thessaloniki. However, the Company is entitled to sue the Customer at the place of legal residence.
14.2. The contract and its interpretation are governed by the laws of Greece. The application of the provisions of Greek rules about conflict of law, insofar as it refers to any foreign legal system, the United Nations Convention on Contracts for the International Sale of Goods (CISG) and any other conventions relating to the law of the purchase of goods, is excluded.
14.3. If any of the provisions of this contract are or become fully or partially invalid, the validity of the remaining provisions is not affected by it. The contracting partners agree on this point that in this case the invalid provision is replaced by a provision which is as close as possible to the financial purpose of the invalid provision. The same applies to any omissions in the contract.