THE BRAND CENTER’S GENERAL TERMS AND CONDITIONS OF USE

 

The Cognac sector’s Brand Center (hereafter referred to as the ‘Brand Center’) is published and provided by the Bureau National Interprofessionnel du Cognac (hereafter the ‘BNIC’), located at:

Bureau National Interprofessionnel du Cognac (BNIC)
23 Allées Bernard Guionnet – BP 18
16101 Cognac Cedex
France

Any use of content from the Brand Center is only authorized if the following two conditions are fulfilled:

  • permission to use the content concerned has been obtained from the BNIC in advance, according to the procedure outlined in these General Terms and Conditions;
  • such use is compliant with the General Terms and Conditions of Use.

1. Presentation of the Brand Center

  1. The purpose of the Brand Center is to group together photos, videos, images and/or other content relating to the Cognac Protected Designation of Origin (PDO), including its history, production, promotion, marketing and development (hereafter referred to as the ‘Content’), in order to make this Content available to visitors of the Brand Center website (hereafter the ‘Users’), according to the following terms and conditions.
  2. For the purpose of these General Terms and Conditions of Use, the Cognac PDO and generic product compliant with the specifications of this PDO will hereafter be referred to as ‘Generic Cognac’, as opposed to Cognac PDO products promoted and sold under specific sales names/brands.

 

2. Purpose of the General Terms and Conditions of Use

  1. These General Terms and Conditions of Use (hereafter the ‘T&Cs’) specify the terms and conditions of use, whereby:
    • the BNIC offers and supplies Content to Users;
    • Users access and use this Content.
      The T&Cs constitute a contractual offer proposed by the BNIC. Upon acceptance, they constitute the agreement that binds the BNIC and the User.
  2. The T&Cs apply to all uses of the Brand Center, as well as any use of Content provided for under the T&Cs.
    Any further consultation of the Brand Center requires the User to accept the T&Cs in effect.

3. Accessing the Brand Center

  1. The Brand Center can be accessed via the webpage located at the following address: http://www.brandcenter.cognac.fr (hereafter the ‘Website’).
  2. To access the Brand Center, the User must:
    1. create an account by filling in all mandatory fields;
    2. acknowledge and accept the T&Cs by checking the box ‘I accept the General Terms and Conditions of Use’.

4. Terms and Conditions of Use and intellectual property rights relating to the Website

  1. The User acknowledges that the BNIC is the exclusive holder of all intellectual property rights relating to the Website and its Content.
    Accessing the Website does not grant the User any intellectual property rights.
    The User shall refrain from any full or partial representation or reproduction of the Website, by any means whatsoever (in the present or in the future) without the prior written authorization of the BNIC.
  2. The User shall also refrain from offering links to the Website from illicit websites (of a racist, criminal or pornographic nature, etc.).
  3. Only the following uses of the Website are authorized:
    1. private, personal, individual or non-transmissible use of any part of the Website;
    2. reproduction for storage intended for display on a single screen provided that the copyright ‘© BNIC’ is mentioned.

5. Procedure for obtaining Content usage rights

  1. After creating an account and accepting the T&Cs, the User may browse the Brand Center collection to select Content.
    In order to use the selected Content, the User must submit to the BNIC a completed order form (hereafter the ‘Form’), specifying the Content they wish to use (hereafter the ‘Ordered Content’) and describing the use they intend to make of the Ordered Content (hereafter the ‘Proposed Use’).
    The User will have the opportunity to view the Form, check the details of their order and correct any errors, before confirming the order to express their acceptance.
    On the basis of the information provided by the User in the Form, the BNIC makes the decision whether or not to grant the User the rights to use the Ordered Content. The BNIC informs the User of its decision by any means.
    The BNIC expressly reserves the right to refuse the rights to use the Ordered Content if the Proposed Use, as described in the Form, appears contrary to the Purpose of the rights of use set forth in Article 6 below.
    The BNIC may also suggest that the User modify the Proposed Use if it considers that such modification is essential for validation of the Proposed Use.
  2. If the BNIC’s decision is favorable, the Ordered Content is made available to the User via download.
    In this regard, the BNIC shall send the User the identifiers allowing them to log into the download area where the Ordered Content will be available.
    The BNIC shall endeavor to respond as soon as possible to orders placed, without being held responsible for any delay whatsoever.
  3. The User agrees to only use the Ordered Content in the context of the Proposed Use as approved by the BNIC.
    In the event of any new use planned for the Ordered Content, the User undertakes to inform the BNIC in advance in order to obtain its express written agreement to such modification of the Proposed Use.
  4. If the User is a consumer, pursuant to Article L.121-21-8, 13° of the French Consumer Code, the User accepts that they may not exercise their right of withdrawal with regard to obtaining the rights to use the Content.

6. Purpose of the rights to use the Content

  1. The Content is made available to Users for the sole purpose of enabling them to illustrate, showcase and promote Generic Cognac, and is not intended for any commercial use (hereafter the ‘Purpose’).
  2. Pursuant to the Purpose, the Content shall not be advertised (displays, purchase of advertising space, etc.) or marketed (calendars, posters, postcards, etc.), nor may it be directly associated with a brand, sales name, trademark, company name or other sign of connection to a commercial origin.

7. Scope of the rights of use granted to the User

  1. The rights of use are granted to the User on a free and non-exclusive basis. These rights include:
    1. the right to reproduce the Ordered Content, pursuant to the Purpose, on any medium and in particular:
      • press articles, books, guides, catalogues and other publications;
      • ‘gray literature’ type documents, such as reports, dissertations, theses, etc.;
      • websites and/or webpages;
      • visual aids, such as presentation brochures, PowerPoint presentations, CD-ROMS, etc.;
    2. the right to represent the Ordered Content, pursuant to the Purpose, at various events, such as conferences, symposiums, etc.
  2. The User shall not:
    1. modify the Ordered Content, except for the cropping necessary for layout purposes and provided that this cropping does not distort the Ordered Content, and that the copyright (‘© BNIC/Author’s name’) is not eliminated from the photo;
    2. use the Ordered Content in a way that is contrary to the Purpose or that is not part of the Proposed Use approved by the BNIC;
    3. associate the Ordered Content with illicit, violent, pornographic, defamatory or insulting messages, images or other content, intended to denigrate persons (physical or moral) and goods or damage the image of Generic Cognac and the interests of the BNIC, of the authors of the Ordered Content and of the persons who may be represented in the Ordered Content;
    4. use the Ordered Content in a manner contrary to the laws in effect in France or in the country or countries where the Ordered Content may be used;
    5. transfer and/or concede to whomever, in whole or in part, free of charge or for a fee, the rights of use of the Ordered Content obtained from the BNIC.
  3. The User undertakes to respect the moral rights of the authors of the Content, in particular by displaying the mandatory information in compliance with Article 9 below.
  4. The rights to use the Ordered Content are granted to the User on the basis of any Proposed Use validated by the BNIC.
    The User may waive the rights to use the Ordered Content obtained from the BNIC at any time by giving 15 (fifteen) days’ notice by letter or email to the BNIC at the address indicated at the beginning of these T&Cs.
    The BNIC may withdraw the rights to use the Ordered Content granted to the User at any time by giving 15 (fifteen) days’ notice by simple letter or email sent to the address communicated by the User when they created an account on the Website.

8. Proof of publication of the Ordered Content

  1. For any reproduction or representation of Ordered Content, the User must provide the BNIC with proof of publication of the reproduced or represented Ordered Content within one (1) month of the publication date.
  2. The BNIC reserves the right to withdraw the rights to use the Ordered Content granted to the User if (following receipt of proof of publication or otherwise) a use is observed that does not comply with these T&Cs and/or the Proposed Use as approved by the BNIC.
    The User must remedy the breach within 5 (five) days of receipt of the formal notice sent by the BNIC, failing which the BNIC may implement its aforementioned right of termination.
    The decision to withdraw the rights to use the Ordered Content is notified to the User by the BNIC by simple letter or email sent to the address communicated by the User when they created an account on the Website.

9. Mandatory information

  1. In order to protect the rights of the Content authors, all Content available in the download area of the Website bears the following copyright information: ‘© BNIC/Author’s name’ (hereafter the ‘Copyright Information’).
  2. Any use of Content must systematically be accompanied by the Copyright Information referred to in paragraph 1.

10. Limitation of liability

  1. The BNIC shall not be held responsible for any illicit use or use that does not comply with the T&Cs by the User of the Ordered Content.
  2. The User agrees to indemnify the BNIC against all fees, expenses and potential costs that may be incurred in connection with any appeal or claim by a third party regarding an illicit use or use contrary to the T&Cs by the User of the Ordered Content (including the cost of proceedings and especially legal fees), as well as any potential enforceable sentence pronounced in the context of a dispute between the BNIC and this third party, even in the first instance and notwithstanding the BNIC exercising its right of appeal, or any indemnity due on account of a transaction.

11. IT security

The BNIC declares that it has made every effort to ensure that the Website and all Content offered on it do not contain any viruses known to date.

12. Personal data

  1. The BNIC processes personal data for the execution of the T&Cs and your order.
    This personal data concerns all the information entered in the mandatory fields required to create your Brand Center account and to fill in the Form.
    The purposes of processing this personal data are as follows:
    - Enable identification of any user and link identity information to the user account created, as required to obtain authorization to access the Brand Center,
    - Enable each user, by means of their access account, to fill out an order form for Ordered Content,
    - Enable the BNIC: i) to ensure that orders comply with the T&Cs; ii) to grant the User the rights to use the Ordered Content; iii) to carry out statistical processing in an anonymous manner.
    The recipient of this data is the person in charge of monitoring your orders at the BNIC Brand Center.
    Your data is kept for a period of 5 years.
    The BNIC undertakes to ensure that none of the personal data you provide will be transferred or transmitted in any way whatsoever to third parties.
  2. This data is hosted on the BNIC’s secure computer servers to ensure that it is protected against loss, fraudulent alterations or unauthorized access by third parties.
  3. In accordance with the EU Regulation of 27 April 2016 on the protection of personal data, you have the right to oppose, access, modify, correct, and delete any information concerning you.
    You may exercise this right by writing a letter or email to the BNIC at the following addresses:

    BNIC
    23 Allées Bernard Guionnet – BP 18
    16101 Cognac Cedex
    France
    phototheque@bnic.fr

    Or by contacting the BNIC Data Protection Officer at the following address: dpo@bnic.fr.
    Any request must be accompanied by proof of the claimant’s identity.

13. Applicable law

  1. These General Terms and Conditions of Use are subject to French law.
  2. Any dispute arising from the interpretation and/or execution of these T&Cs is subject to the jurisdiction of the French courts.

14. Technical prerequisites

  1. Browsers compatible with the Website and use of the Brand Center are Internet Explorer 11 and higher (MAC/PC), the most recent versions of Mozilla Firefox, and Google Chrome (MAC/PC).
  2. The Website uses cookies.
  3. For further information regarding the use of the Brand Center, please contact the BNIC at the following address: phototheque@bnic.fr .

Please, drink responsibly