TERMS AND CONDITIONS FOR USE OF MARKETS MEDIA WEBSITE
Welcome to the Markets Media LLC Website terms and conditions which apply to your use of the Markets Media Online website and by accessing this website, you and your Corporate Subscriber (if any) agree to be bound by them. If you do not agree to be bound by these terms and conditions, you may not use or access this website and we have the right to restrict or prevent your access to the website. If there is anything you do not understand please feel free to email any enquiry to us.
“Agreement” a written agreement with a Corporate Subscriber for the supply of Subscription Services;
“Conditions” means these terms and conditions;
“Corporate Subscriber” means a corporate entity which has entered into an agreement with us for the supply of Subscription Services and/or which pays your Subscription Fees on your behalf;.
“Free Services” means the services available for free on the Website if you register with us;
“Personal Information” means any personal details provided by you via the Website, or otherwise;
“Publications” means the hardcopy publication (Markets Media Magazine) and the electronic publication (Markets Media Online);
“Services” shall mean the Free Services and/or the Subscription Services and/or Publications, as the context requires;
“Subscription Fees” means the fees payable by you, or on your behalf, if you subscribe to the Subscription Services;
“Registered Employee” means an employee of a Corporate Subscriber entitled to the Services under an Agreement;
“Subscription Period” means the period for which you agree to receive the Subscription Services;
“Subscription Services” means the on-line financial information and other services provided solely to registered users who pay the Subscription Fees (or have the Subscription Fees paid on their behalf);
“Free Trial” means the provision of the Subscription Services and unlimited access to the editorial content of the Website which may be provided free of charge by us to you for a trial period. Market Media Online content is free of charge at this time. However we reserve the right to introduce a fee, with prior notification to the user, in the future.
“User(s)” means (a) user(s) of the Website either collectively or individually, as the context requires;
“We/us/our” means Markets Media LLC of 121 E 18th St, New York, NY, 10003 USA;
“Website” means the website located at www.marketsmediaonline.com or any subsequent URL which may replace it from time to time;
“You/your” means you as a user of the Website and/or a Corporate Subscriber and/or a Registered Employee.
1.1 We will provide you with access to the Website and the Services in accordance with these Conditions.
1.2 If you wish to have access to the editorial content on the Website and to receive the Subscription Services, you will be required to register with us.
1.3 If you do not wish to register, your access to the Website will be restricted. We shall determine, at our discretion and from time to time, the extent to which your access to the Website will be restricted.
2.1 If you wish to receive either:
2.1.2 access to the editorial content on the Website and to receive the Subscription Services; you will need to register with us and the following provisions of this Clause 2 will apply.
2.2 You agree to:
2.2.1 provide true, accurate, correct and complete information when required to provide information on registration as a user of the Website, (“Personal Information”); and
2.2.2 notify us immediately of any changes to the Personal Information.
2.3 You agree that you, and, in relation to a Corporate Subscriber, any Registered Employee will not impersonate any other person or entity or use a false name or a name that you are not authorised to use, or disclose your password or username to any other person, or allow your password or user name to be used by any other person to access the Services. You will be responsible for use of the Website and/or Services via your username and so will be liable for breach by anyone to whom you provide the details.
2.4 We reserve the right to decline any application from you to register as a user of the Subscription Services in our sole discretion. If you are accepted you will receive from us a user name and password. If you are allowed to select a user name, we reserve the right to modify such or provide you with a user name of our choice if, in our sole opinion, such user name infringes or violates the rights of any person or third party or is defamatory, profane, offensive, confusing or is in any other way improper or inappropriate.
2.5 We reserve the right to terminate your account (including user name and password) if any Personal Information is untrue, inaccurate, out-of-date or incomplete or in the circumstances described in clauses 2.3 or 2.4 above.
3. YOUR OBLIGATIONS
3.1.1 agree not to use the Website and/or the Services (or any part thereof) for any illegal purpose and agree to use it in accordance with all relevant laws.
3.1.2 agree not to upload or transmit through the Website and/or the Services any computer viruses, macro viruses, Trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer;
3.1.3 will not upload or transmit through the Website and/or the Services any material, which is false, defamatory, profane, indecent, offensive, or of an obscene or menacing character, or that may cause annoyance, inconvenience or needless anxiety or that may infringe the rights of others, including the intellectual property rights, confidentiality or privacy of others;
3.1.4 will not use the Website and/or the Services in a way that may cause the Website and/or the Services to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website and/or the Services is in any way impaired;
3.1.5 will not use the Website and/or the Services in any manner, which is not in accordance with these Conditions;
3.1.6 will not attempt any unauthorised access to any part or component of the Website and/or the Services;
3.1.7 agree that in the event that you have any right, claim or action against any Users arising out of that User’s use of the Website and/or the Services, then you may pursue such right, claim or action independently of, and without recourse to us.
3.1.8 agree to be bound by the terms and conditions of our 3rd party data providers, and that the third party data providers shall be entitled to enforce these terms against you directly in relation to data which they provide. To view their terms and conditions please click on the link(s) below (if any).
You agree to indemnify us, or any subsidiary or holding company and our and their officers, directors and employees, immediately on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of these Conditions by you. You shall not enter into any settlement or compromise of any such claim or action without our prior written consent. We may, at our sole discretion, assume and control the defence of such claim or action.
5. OUR RIGHTS
5.1 We reserve the right to:
5.1.1 change these Conditions from time to time. Any such changes will be displayed on the Website. You will be notified of any material changes. Your continued use of the Website (or any part thereof) after 30 days following notification of such changes shall be deemed to be your acceptance of such changes. If you do not accept such changes, you shall be entitled to terminate the agreement.
5.1.2 We will use our reasonable endeavours to maintain the Website and to provide the Services. The Website and/or the Services are subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Website and/or the Services or because of a failure, suspension or withdrawal of all or part of the Website and/or the Services due to circumstances beyond our control.
6. THIRD PARTY LINKS
In an attempt to provide increased value to our Users, we may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
We have the right, but not the obligation, to monitor any activity and content associated with the Website and/or the Services. We may investigate any reported violation of these Conditions or complaints and take any action that we deem reasonable and appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials on the Website and/or the Services).
8. YOUR DATA
8.1 We respect your Personal Information and aim to comply with applicable Data Protection legislation from time to time in place.
8.2 You should be aware that:
8.2.1 if we are requested by any regulatory or governmental authority, or upon receipt of a court order, or (in our view, exercised reasonably but at our discretion) legitimate request by a third party in investigating illegal activities to provide information concerning your activities whilst using Website and/or the Services we shall do so. Similarly, we will disclose your personal data if we are compelled to do so by law. We reserve the right to notify or provide such information to the relevant authority or party if, in our sole opinion, we believe an emergency, illegal activity or some other reasonable basis exists for us doing so;
8.2.2 if you agree in the course of completing your registration form, we may pass your Personal Information or details of your use of the Website and/or the Services to other companies in our corporate group and selected third parties for analysis and/or to enable them to contact you about products or services which may be of interest to you; and
8.2.3 we reserve the right to store and use your personal data solely for our own internal purposes and we further reserve the right to access, monitor and retrieve password-protected information and to change or alter incorrect or incomplete data in order to fulfil our obligations in these terms and conditions.
9. BACK-UP OF CONTENT
You shall be responsible for keeping your own copies of all content used by you (if any) in connection with the Website or the Services. We will not be responsible for any file recovery or for files lost by you or us.
10. DEALINGS WITH ADVERTISERS
Your correspondence with, or participation in promotions of advertisers or merchants found on the Website or the Services, including payment for and delivery of related goods, services and any other terms, conditions, warranties or representations, associated with such dealings, are solely between you and such advertiser or merchant. You agree not to hold us liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of or content supplied by such advertisers or merchants on the Website or the Services.
11. INTELLECTUAL PROPERTY AND RIGHT TO USE
11.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website and/or the Services shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by our licensors or us.
11.2 You acknowledge and agree that the material and content contained within the Website and/or the Services is made available for your use only and that you may download such material and content onto only your web-browser. You agree not to resell any material or content downloaded from the Website to any third party. Any other use of the material and content of the Website and/or the Services is strictly prohibited.
11.3 You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, scan, publish, display, distribute, archive, commercially exploit or create derivative works (either by electronic means or otherwise), of material or content of the Website and/or Services.
11.4 By way of example only, you may not copy, cut, paste, scan, place or store in a library or on a database, intranet, server or equivalent service, or distribute (whether by electronic means or in any other way howsoever) any material from the Markets Media Online website.
12.1 You may send us notices under or in connection with these Conditions:
12.1.1 by mail to 121 E 18th St., 4th Floor, New York, NY, 11201;
12.1.2 by fax to +1 646 839 2947;
12.1.3 by telephone to 646 479 4999;
12.1.4 by email to firstname.lastname@example.org
12.2 As proof of sending does not guarantee our receipt of your notice, you must ensure that you have received an acknowledgement from us, which will be sent within 3 working days of our receipt and should be retained by you.
13. TECHNICAL REQUIREMENTS AND SITE SECURITY
14. LIMITATION OF LIABILITY
14.1 WHILE WE WILL USE REASONABLE ENDEAVOURS TO VERIFY THE ACCURACY OF ANY INFORMATION WE PLACE ON THE WEBSITE AND/OR THE SERVICES, WE MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED IN RELATION TO ITS ACCURACY.
14.2 The Website and the Services are provided on an “as is” and “as available” basis without any representation or endorsement and we make no warranties of any kind, whether express or implied, in relation to the Website and/or the Services, including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
14.3 We make no warranty that the Website and/or the Services will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the site or the server that makes them available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website and/or the Services.
14.4 Notwithstanding any other provision in the Conditions, nothing herein shall limit your rights as a consumer under United States law or mandatory legal requirements under any other applicable law.
14.5 You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of the Website and/or the Services and any information provided to or taken from the Website and/or the Services by you.
14.6 We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with these Conditions for:
14.6.1 any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
14.6.2 any loss of goodwill or reputation; or
14.6.3 any special or indirect or consequential losses;
in any case which is suffered or incurred by one of us arising out of or in connection with the provisions of any matter under these Conditions, whether or not such losses were within the contemplation of either of us at the date on which the event giving rise to the losses occurred.
14.7 Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees or any other liability which may not be limited or excluded under applicable law.
15.1 You agree that we may terminate your registration and account with us without prejudice to our other rights and remedies immediately without prior notice (including your user name and password) and delete any emails, web space and other data stored on the Website or the Services if:
15.1.1 you have breached the Agreement and/or these Conditions or acted inconsistently with the spirit of these Conditions;
15.1.2 you shall cease to carry on your business or shall have a liquidator, receiver or administrative receiver appointed to you or over any part of your undertaking or asset or shall pass a resolution for your winding up (otherwise than for the purpose of a bona fide scheme or solvent amalgamation or reconstruction where the resultant entity shall assume all your liabilities) or a court of competent jurisdiction shall make an order, or shall enter into any voluntary arrangement with its creditors, or shall be unable to pay its debts as they fall due or similar in any other jurisdiction.
15.2 In the event that an Agreement has been signed by a Corporate Subscriber with a Subscription Period of one year or more, the Agreement and these Conditions will terminate on the last day of the Subscription Period. In all other circumstances, either party may terminate your use of the Website and applicable Services on the anniversary of the initial purchase of the Subscription Services by giving the other 30 days’ prior notice by post or email of such termination. Please see clause 3 which includes information about renewals and payment of renewals. You may also terminate such use in accordance with Clause 7.
15.3 In the event of termination of your account at any time your entitlement to use the Website (without restriction) and the Subscription Services ceases immediately.
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
Each provision of these Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
19. ENTIRE AGREEMENT
These Conditions (as amended from time to time) contain the entire agreement between you and us relating to the subject matter covered and supersedes any previous agreements, arrangements, undertakings or proposals, written or oral, between you and us in relation to such matters. No oral explanation or oral information given by either of us shall alter the interpretation of these Conditions. You confirm that, in agreeing to accept these Conditions, you have not relied on any representation save insofar as the same has expressly been made a representation in these Conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of these Conditions save that your agreement contained in this Clause shall not apply in respect of any fraudulent misrepresentation whether or not such has become a term of these Conditions.
The Conditions will be exclusively governed by and construed in accordance with the laws of the United States and New York State, as if the Agreement was a contract wholly entered into and wholly performed within New York State whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.