6.1 Advertiser Commitments
The advertiser guarantees that it is the holder of full rights (intellectual property rights in particular) and has obtained all the necessary authorisations for the publication of its classified ad.
The advertiser guarantees that the ad does not contravene any regulation currently in force (notably relating to publicity, competition, sales promotion, the use of personal data, a ban on the marketing and sale of certain items or services) or any third-party right (notably intellectual property rights and personality rights) and does not include any defamatory message or one adversely affecting third parties.
The advertiser notably ensures that the classified ad does not contain:
- any hypertext links redirecting users towards Internet sites operated by any third parties outside of MB Diffusion, in particular
- any false or dishonest information or details liable to mislead users
- any defamatory statements or ones liable to adversely affect the interests and/or image of MB DIFFUSION or a third party
- any content adversely affecting the intellectual property rights of third parties
- any promotional or advertising type of content relating to the advertiser's activity. In fact, a classified ad is intended to promote equipment and is not an advertising medium.
The advertiser will only offer available equipment. Should the equipment not be available, the advertiser will remove the classified ad from MB Diffusion Services as soon as possible.
The advertiser declares it is aware of the distribution scope of the Internet and mobile sites and apps, has taken every precaution to comply with the law in force in the country from which the site is accessed and releases MB DIFFUSION from any liability in this respect.
Within this framework, the advertiser hereby declares and recognises that it assumes sole liability for the content of the ads it publishes and makes available to users, together with any document or information it transmits to users.
The advertiser assumes full editorial liability for the content of the ads it publishes.
Consequently, the advertiser releases MB DIFFUSION, its subcontractors and suppliers from any liability and guarantees them against any legal action or proceedings in relation to the ad, which might be taken against the latter by a third party and will be responsible for the payment of damages, costs and similar charges that they might be sentenced to pay or required to pay by means of a settlement signed by the latter with this third party, notwithstanding any damages that MB DIFFUSION, its subcontractors and suppliers might claim due to events adversely affecting the advertiser.
By submitting a classified ad, all advertisers recognise and accept that MB DIFFUSION is entitled to delete or refuse an ad that might notably contravene French law, the MB Diffusion Services Validation charter established by MB DIFFUSION or which is liable to adversely affect the rights of third parties.
The ad will be published within a maximum of seventy-two (72) hours after submission or after receipt of payment for online orders.
The advertiser recognises that the ad may be deleted or publication by MB Diffusion deferred without it being able to claim any financial compensation.
The period and conditions for the publication of "classified sales ads" varies with the type of advertiser:
- Non-professional advertisers will receive a confirmation email every two (2) months from the date of initial publication of their ads to check that the equipment is still available for sale. This confirmation by the advertiser allows the publication of its ad to be extended for a period of 2 months up to a limit of one (1) year or up to a limit of 2, 6 or 12 months for the "Straw and Feed", "Food", "Animals (Bovines) and "Animals - other Feed” categories or, up to a limit of 2 or 6 months for the "Professional Service - Entrepreneurs" and "One-Off Service - Farmers" categories”.
- Professional advertisers will receive a confirmation email every two (2) months from the date of initial publication of their ads to check that the equipment is still available for sale. This confirmation by the advertiser allows the publication of its ad to be extended for a period of 2 months without any time limit. The two (2) month extension of the ad is to be paid for by professional advertisers that have not subscribed to a pack .
In the event of non-confirmation and/or non-renewal of the classified ad on expiry of the 2-month period, the ad will be removed from the Agriaffaires, MachineryZone and Truckscorner Internet sites and IOS and Android apps.
If the equipment is sold during the publication period, the advertiser will delete its ad as soon as possible.
The advertiser will also ensure that its account does not contain:
- any mandatory information that is false and/or misleading
- any information adversely affecting the rights of third parties
In this context, the holder declares and recognises that it has sole liability for the information indicated on creation of its account.
By creating an account, every holder recognises and accepts that MB DIFFUSION may, at any time, without any indemnity or entitlement to reimbursement of the sums paid by the advertiser, to delete an account that may be notably contrary to French law and/or the validation charter established by MB DIFFUSION.
6.2 MB Diffusion liability and obligations
As a host, MB DIFFUSION is subject to the reduced liability system set out in Articles 6.I.2. et seq. of Law Nº2004-575 dated 21 June, 2004 regarding trust in the digital economy.
MB DIFFUSION cannot therefore be in any way held liable for the content of the classified ads published by advertisers and does not give any express or implicit guarantee in this respect.
MB DIFFUSION is a third party to correspondence and relations between advertisers and users and its liability is therefore excluded in this respect.
6.3 Limitation of liability
MB DIFFUSION will take all the necessary steps to ensure the service is provided to users and advertisers to the best of its ability.
However, MB DIFFUSION cannot be held liable in the event of:
- cuts and breakdowns in and modifications and malfunctions to the service, irrespective of the means of communication used, origin and provenance,
- the loss of data and information stored by MB DIFFUSION. It is up to advertisers to take all necessary precautions to retain the classified ads published by them via the service,
- temporary inability to access the Internet site and/or apps due to technical problems, irrespective of the origin and provenance,
- any kind of direct or indirect damage caused to the user or advertiser resulting from the content of classified ads and/or access, management, use, operation, malfunction and/or a cut in the service,
- abnormal use or illegal operation of the service by a user or advertiser,
- a computer attack or hacking, deprivation or deletion, temporary or permanent, of access to the Internet, irrespective of the cause.
MB DIFFUSION cannot be held liable for any direct damage suffered by the advertiser, resulting from a breach of its contractual obligations, as defined in this document. The user/advertiser therefore abandons entitlement to request any kind of compensation from MB DIFFUSION for consequential damages such as loss of income, loss of opportunity, commercial or financial prejudice, an increase in overheads or losses arising from or as a consequence of execution of this document.
All users and advertisers are therefore solely liable for third-party damage and the resulting consequences of complaints or action. Users also abandon the right to take action against MB DIFFUSION in the event of action taken against it by a third party resulting from illegal use and/or operation of the service, in the event of the loss of a user or advertisers's password or theft of its identity.