HSBC Private Bank France offers any person (hereinafter, the "User") using the online public communication service accessible at http://www.hsbcprivatebankfrance.com or from other sites or portals with which HSBC Private Bank France has entered into an agreement for this purpose (hereinafter, the "online Service"), a podcast service allowing certain elements (hereafter "the Content") which HSBC Private Bank France makes available to the Users to be downloaded in the form of MP4 files, which can be listened to again on demand (hereinafter the "Service"). Please read all these Terms and Conditions of Use carefully prior to using the Service. Use of the Service is subject to full acceptance of, and compliance with, these Terms and Conditions of Use. Therefore, if you disagree with any or all of the terms and conditions of use, you are asked not to use the Service and the Content offered by the Service. The terms and conditions of use of the Service set forth the procedures for access to and use of the Service and supplement the General Terms and Conditions of Use of the HSBC Private Bank France services. As such, you are required to adhere to the terms and conditions of use of the Service as well the General Terms and Conditions of Use of LHSBC Private Bank France's services. The procedure used to access the Service remains the sole responsibility of each User who undertakes to assume full responsibility and to pay any costs inherent in this (hardware and connection costs, software costs, etc.). HSBC Private Bank France cannot be held liable in this respect.
Using the service
HSBC Private Bank France grants the Users, on a strictly personal, private, inalienable, non-transferable, free of charge, non-exclusive basis, authorisation, which may be revoked at any time by HSBC Private Bank France at its sole discretion, to: 1) play the Content solely on their personal computer and/or digital walkman(s) strictly for personal and private use; 2) view the Content on their computer and/or digital walkman strictly for personal, private purposes. All Users of the Service and the Content undertake to respect the integrity thereof and to refrain from any action likely to infringe it.
Liability
The Service and Content are offered free of charge and purely for information purposes. Therefore, any use that is made thereof shall be the sole responsibility of the User. HSBC Private Bank France cannot be held liable for the accuracy, quality, exhaustiveness, reliability, appropriateness and relevance of the Content and information provided to the User through the Service. Equally, HSBC Private Bank France cannot be held responsible on any account or for any reason whatsoever in the event of interruption of the Service, in the event of possible malfunction(s) of the Podcasts, software, data or Content or on account of the quality and integrity of the transmission of the Content via the Service, problems with the electronic networks and interruptions (intended or otherwise) of the Service. HSBC Private Bank France shall not accept any responsibility arising from use of the Service or in the event of loss or damage or any kind suffered by the User, such as the loss of savings or profit, loss of data, delays, etc. Users acknowledge that they use the Service and the Content offered at their own risk.
Amendments
These terms and conditions of use of the Service may be amended by HSBC Private Bank France at any time. All user of the Service and Content who does not agree with any or all of these amendments undertakes to cease all use of the Service and Content and to delete, remove or destroy all Content stored (e.g. on hard disk, digital walkman, etc.). Should the User continue to use the Service, this shall constitute tacit acceptance of the amendments made to these terms and conditions of use.
Cancellation
The terms and conditions of use shall remain in force for the duration of all use of the Service and/or of the Content offered in connection with the Service. The User of the Service acknowledges, and accepts, that HSBC Private Bank France has the right to revoke the authorisation it grants the Users of the Service at any time. Where applicable, in the event that HSBC Private Bank France should have good reason to believe that a User has not observed one of the provisions set forth in these terms and conditions of use or in the General Terms and Conditions of Use of the services of HSBC Private Bank France, HSBC Private Bank France reserves the right, in so far as is possible, to suspend or cancel access to the Service. Exercise, or failure to exercise, this right to suspend or cancel access to the Service shall not incur the liability of HSBC Private Bank France vis-ą-vis the User.
Ownership of the Content
The Content is protected by intellectual property rights and HSBC Private Bank France holds the right to make commercial use thereof. With the exception of the aforementioned authorisation granted to Users of the Service, no other right to use the Content is given without the prior written consent of HSBC Private Bank France. The Content may not be played or performed in public, or made available to the public, by any means whatsoever. Specifically, the Content may not be played on media or servers other than for the personal use of the User, included in information threads or made available by any means, particularly via the P2P network, blogs, Internet site(s) etc. Any act contravening these conditions and/or the authorisation granted to the Users of the Service is strictly prohibited and shall constitute an act of forgery, which is liable to criminal sanctions. It may be brought before the courts, HSBC Private Bank France reserving the right to take legal action and/or prohibit the User from using the Service.
