TERMS AND CONDITIONS
These Terms and Conditions govern the relationship between users and Mazda Motor Europe GmbH, Hitdorfer Straße 73, 51371 Leverkusen, Germany (hereafter called “Mazda”) regarding the information provided by Mazda Motor Europe via the Internet portal https://www.mazda-press.com (hereafter called “Mazda Press Portal” or “Website”).
Please read these Terms and Conditions carefully, before using the Mazda Press Portal. By using the Website you agree with the Terms and Conditions, regardless whether you register or not.
Change of Terms and Conditions
For users who are not registered, these Terms and Conditions shall apply in its currents version in case of making use of this website. For users who register on the website, the Terms and Conditions shall apply in the currently valid version at the point in time of their registration. Changes to the Conditions of Use will be announced to registered users by e-mail and/ or on the Website. In order to become effective the revised Conditions of Use shall require approval by the user. In the event that a user does not agree to the amendments, we reserve the right to terminate the usage relationship.
Registration
The registration to the Mazda Press Portal is reserved for journalists and media representatives. The user agrees to provide valid and complete information and will not infringe rights owned by third party during registration. A violations of rights of third parties exists for instance, when personal information or other data of third parties are used without their consent, e.g. name or e-mail address of a third party. A multiple registration is not permitted. If the details given by the user change after the initial registration, the user agrees to correct or update the information immediately in his user field.
Rules for Password Use and Responsibility
Registered users must keep the user name and password strictly confidential and ensure that unauthorised persons never gain access to them. The user has sole responsibility for protecting the password against misuse. If a user discovers that his/her password is known to unauthorised persons or some other risk of misuse exists, he must notify Mazda of this immediately. Mazda will then take appropriate action to bar the password in question. Mazda accepts no liability for loss or damage arising out of misuse of passwords, unless such misuse is caused by gross negligence or intent on the part of Mazda or a legal representative or agent of Mazda.
Accessibility
Mazda does not guarantee that this Mazda Press Portal will be accessible and trouble-free at all times. This applies in particular if access to the Mazda Press Portal is affected by problems beyond the control of Mazda. Mazda will, however, endeavour to correct access problems without delay, as far as technically and operationally possible.
Mazda also reserves the right to suspend or restrict operation, or provision of all or parts of the Mazda Press Portal without notice at any time.
Copyrights and related rights
This Mazda Press Portal contains articles, data, videos, photographic material and other information of all kinds (hereinafter referred to as “Information”) which is protected by law.
The user is only allowed to download or use the Information available in the Mazda Press Portal for journalistic/editorial purposes.
In case the rights owner has only granted the rights of use for a limited period of time or for a certain and limited territory, the Information is provided with a respective notice. After the expiration of this limited time period, the Information shall no longer be used for the aforementioned purposes. If the usage of the Information is restricted to certain territory, e.g. Europe, the user cannot use the Information beyond that.
Use or exploitation of the Information for other purposes – particularly reproduction, alteration or inclusion in publications or websites, which are not related to editorial reporting – is only allowed with the prior written permission of Mazda or the legal owner of the Information concerned. This also applies to any form of redistribution or forwarding of the content of this Mazda Press Portal.
Unauthorised use of this Mazda Press Portal and/or unauthorised forwarding of Information from this Mazda Press Portal may result in claims for damages by Mazda against the user and may even be a criminal offence.
The user is not allowed to set up links in this Mazda Press Portal or to frame all or any part of the Mazda Press Portal.
The content and Information in this Mazda Press Portal may be subject to intellectual property rights. Such rights (particularly copyrights, name and trademark rights) remain without exception with Mazda Motor Europe/Mazda Motor Corporation or with our contract partners.
Liability
Mazda bears unlimited liability for loss or damage caused by access to, or use of the Mazda Press Portal or individual contents, if caused by premeditation or gross negligence on the part of Mazda or a legal representative or agent of Mazda. This also applies to damages resulting from fatality, fatal injury, physical injury or harm to health.
Liability for damage due to negligent breach of essential contractual obligations by Mazda or a legal representative or agent of Mazda is limited to the typically foreseeable loss. Further liability by Mazda, particularly for damage due to simple negligence in breach of non-essential contractual obligations, is excluded.
The foregoing liability exclusions and limitations do not apply, if Mazda has given guarantees and/or acted with malice aforethought in connection with use of the Mazda Press Portal. Mazda’s liability under product liability legislation is not affected by the foregoing provisions.
The user bears unlimited liability in case it does not respect the copyrights and other rights of the Information and uses the Information differently or forwards it to unauthorised persons.
Provision of Content
The free provision of delivered content for download purposes does not constitute a contractual relationship between Mazda and the respective user.
Responsibility for Content
We expressly reserve the right to change, to suspend or permanently discontinue the publication of Information without prior written notice. No claims by user against Mazda shall result.
If the user enters data and Information in this Mazda Press Portal, he is fully responsible for them. The user indemnifies Mazda in full against third party claims based on the content and data entered by him (e.g. due to infringement of copyright or trademark rights), unless he is not responsible for them.
Mazda is not liable for the accuracy or completeness of Information and content from third parties provided via the Mazda Press Portal. Information which is not Mazda’s own data, but can be accessed and called up via the Mazda Press Portal, is not subject to check by Mazda, particularly on whether it contains damaging software (e.g. viruses). But Mazda conduct spot checks and reserves the right to review and remove content.
Although Mazda makes continuous efforts to keep the Mazda Press Portal virus free, it cannot give a guarantee or accept liability the Mazda Press Portal is consistently free from viruses. Before downloading data, software or documentation, the user must take reasonable security precautions and use suitable virus scanners for his own protection and also to prevent this Mazda Press Portal from being infected with viruses.
The data and Information in this Mazda Press Portal are compiled by Mazda to the best of its knowledge but cannot be assured. Mazda does not guarantee that the data and Information in this Mazda Press Portal are complete and accurate.
This Mazda Press Portal may contain links and/or references to third party websites. Mazda accepts no responsibility for the content of these other websites and does not adopt them and/or their contents as its own, since it has no influence on the linked content and Information and does not check this regularly. Accordingly, Mazda is not liable for the quality, accuracy and/or completeness of third party Information, if the Information is explicitly entered on this website as third party Information. This applies explicitly to all Information and contents entered by the users of this Mazda Press Portal and/or Mazda dealers.
Mazda accepts no liability for loss or damage caused directly or indirectly by the use of files downloaded and inputted into his own system by the user of this Mazda Press Portal.
Violation of Terms and Conditions
Mazda reserves the right to delete user’s posted content or content attributable to the user, in case user is in breach of these Terms and Conditions. Furthermore Mazda reserves the right to temporarily or permanently exclude the user from using the Mazda Press Portal . This applies also for user accounts of persons who are no longer belong to the target group ( journalist or media representative etc.)
Liability of user
In case of any culpable violation of these Terms and Conditions, the user shall be liable to Mazda for all direct and indirect damages. In the event of any breach, the user indemnifies Mazda, its legal representatives or agents in full against all third party claims. The right for further claims remain reserved.
Term and Termination
The right of use is granted for an indefinite period and may be duly terminated by the user or by Mazda at any time.
Notice of cancellation shall be sent to via e-mail to mazda-press@mazdaeur.com
After receipt of the cancellation, Mazda will delete the user account.
Final Provisions
The basic right of use is governed solely by the laws of the Federal Republic of Germany. Application of international and/or UN conventions is expressly excluded.
In the event that any provision herein shall be determined to be void or unenforceable in whole or in part for any reason whatsoever, such unenforceability or invalidity shall not affect the enforceability or validity of the remaining provisions.