2. Restrictions on Use
You will not in connection with your use of this website and all content therein: (a) violate any applicable local, state, national or international law, statute, ordinance, rule or regulation, including without limitation those relating to competition or antitrust; (b) interfere with or disrupt the computer networks of KYC Services or attempt to do so; (c) forge headers or in any manner manipulate identifiers in order to disguise the origin of any information; (d) download, upload, post, transmit, publish, or distribute any material that infringes, violates, breaches or otherwise contravenes the rights of KYC Services or any third party, including any copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (e) interfere with or disrupt the use of the website by any other customer or user or reverse look-up, trace or seek to trace any information on any other user of or visitor to the website, or any other customer of KYC Services, including any KYC Services account not owned by you; (f) probe, scan or test the vulnerability of the website or any network connected to the website or attempt to gain unauthorized entry or access to the computer systems of any other person or entity; (g) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the website or KYC Services’ systems or networks, or any systems or networks connected to the website or to KYC Services; or (h) download, upload, post, transmit, publish or distribute any material or information that constitutes or encourages conduct that would constitute a criminal offence, give rise to other liability, or otherwise violate applicable law.
You may not use any linking, deep-linking, framing or page-scraping technology, robots, spiders or other automatic devices, programs, algorithms or methodologies, or any similar or equivalent manual processes, to access, acquire, copy, distribute, display or monitor any portion of the website or any content, or in any way reproduce or circumvent the navigational structure or presentation of the website or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the website.
You shall not use the content to develop, support, create or provide pricing for: (i) any database or product that competes directly with the content or any other KYC Services product or service offered in the marketplace or would create a functional substitute for any such KYC Services products or content; or (ii) any index (e.g. any composite financial index).
You may download and use certain content that is purposely and expressly made available by KYC Services for downloading from the website (such as product sheets or articles), provided that you: (i) do not remove any proprietary notice or disclaimer language in any copies of such documents, (ii) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (iii) make no modifications to any such information, and (iv) do not make any representations or warranties relating to same.
3. Modification of Website and Content
The website and Content are subject to modification by KYC Services to reflect statistical, technical, administrative, market based or similar changes that KYC Services determines in good faith are required or desirable. KYC Services also may make changes to any products or services offered on the website, or to the applicable prices for any such products or services, at any time, without notice.
4. No Advice
The Content is intended only for professionals in the financial markets and is not, and should not be construed as financial, legal or other advice of any kind, nor should it be regarded as an offer or as a solicitation of an offer to buy, sell or otherwise deal in any investment. You may not use the Content in, or generate based on the Content, any advice, recommendations, guidance, publications or alerts made available to your clients or other third parties. Nothing in the Content constitutes a solicitation by KYC Services of the purchase or sale of loans, securities or any investment.
5. Delivery and Security
You shall solely be responsible for any and all necessary equipment and connections from your own computer systems to the KYC Services systems that will allow for access to the website and delivery of the Content. KYC Services shall have no responsibility for any such equipment or connections. You shall ensure that you have implemented security systems and procedures to prevent the unauthorized access to or misuse or disruption of the website or Content.
6. Intellectual Property
The ownership and intellectual property rights of the website including all Content, models, software, information, data, documentation, computer programs, systems, customizations, enhancements thereto, and the design, structure, selection, coordination, expression "look and feel" and arrangement of the Content, and enhancements, modifications or additional Content thereto shall be the sole and exclusive property of KYC Services (or the relevant affiliate of KYC Services or Data Provider (as defined below), as the case may be) and you shall not: (i) copy such material for any purpose (including by reverse engineering) or disclose it to any third party for any purpose whatsoever; (ii) by act or omission infringe upon KYC Services’ intellectual property rights in the website or Content. You acknowledge that the website, was developed, compiled, prepared, revised, selected and arranged by KYC Services and others (including certain third party information sources (each a "Data Provider")) through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort and money, and constitute valuable intellectual property and trade secrets of KYC Services or such relevant Data Provider.
You hereby agree to use commercially reasonable efforts to protect the proprietary rights of KYC Services and/or KYC Services’ affiliates or the relevant Data Provider in the website and Content. You irrevocably agree and acknowledge that, as between you and KYC Services, the website and Content, as may be amended from time to time, is the sole and exclusive property of KYC Services, and shall not be considered works for hire. You shall honour and comply with all reasonable written requests made by KYC Services to protect its contractual, statutory and common law rights in the website and Content. You agree to notify KYC Services in writing promptly upon becoming aware of any unauthorized use of the website or Content or any claim that any or all of the website or Content infringes upon or constitutes any unlawful use of any copyright, database right, trade mark, or other proprietary, intellectual property, contractual, statutory or common law rights of a third party.
Trade Marks. You shall not use any of KYC Services’ trademarks, trade names or service marks in any manner, and in no event in a manner accessible by or available to any third party. You acknowledge that you have no ownership or license rights in or to any of these names or marks.
Copyright. The website and Content is protected as a collective work or compilation under UK copyright, U.S. copyright and other laws and treaties. All data, information, articles, columns and other elements making up the Content are copyrighted works and KYC Services hereby reserves all rights.
Copyright Infringement Claims. We respect the intellectual property rights of others, and require that the people who use the website do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to KYC Services' Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2) (the "DMCA"), named below:
- Your address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the alleged infringing material is located;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Markit North America, Inc.620 8th Avenue, 35th FloorNew York, NY 10018Attention: Legal Department
8. Links to Third Party Websites
The website may contain links to websites of third parties. These links are provided to you as a convenience, and KYC Services is not responsible for the content of any linked website. In addition, a link to any non-KYC Services website does not imply that KYC Services endorses or accepts any responsibility for the content or use of such a website.
9. Other Services
KYC Services may provide you with access to KYC Services services through links and/or dedicated frames (collectively, "Other Services") from this website. For example, you may have access to a Toolbar that allows you, amongst other things, to navigate data and content on both KYC Services and third party websites.
You acknowledge that log-on access codes and passwords that are provided to you are for your use only and may not be shared. You shall ensure that your log-on access code and password is kept confidential. You agree to accept sole responsibility for the use and protection of the log-on access codes and passwords provided to you, including protecting the confidentiality of such passwords. You shall use commercially reasonable efforts to prohibit or cease any unauthorized access to the website or Content.
11. Disclaimer of Warranties and Limitation of Liability
No Liability. NEITHER KYC SERVICES, ITS AFFILIATES NOR ANY DATA PROVIDER SHALL IN ANY WAY BE LIABLE TO YOU OR ANY CLIENT OF YOU FOR ANY INACCURACIES, ERRORS OR OMISSIONS, REGARDLESS OF CAUSE, IN THE CONTENT PROVIDED HEREUNDER OR FOR ANY DAMAGES (WHETHER DIRECT OR INDIRECT) RESULTING THEREFROM. WITHOUT LIMITING THE FOREGOING, KYC SERVICES SHALL HAVE NO LIABILITY WHATSOEVER TO YOU, WHETHER IN CONTRACT (INCLUDING UNDER AN INDEMNITY), IN TORT (INCLUDING NEGLIGENCE), UNDER A WARRANTY, UNDER STATUTE OR OTHERWISE, IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AS A RESULT OF OR IN CONNECTION WITH ANY OPINIONS, RECOMMENDATIONS, FORECASTS, JUDGMENTS, OR ANY OTHER CONCLUSIONS, OR ANY COURSE OF ACTION DETERMINED, BY YOU OR ANY CLIENT OF YOU, WHETHER OR NOT BASED ON THE WEBSITE OR CONTENT.
You will indemnify, defend and hold harmless KYC Services and its affiliates, directors, officers, agents employees, successors, assigns and all Data Providers, and each of their affiliates, directors, officers, agents, employees, members, partners, successors and assigns ("KYC Services Indemnitees") from and against any and all losses, liabilities, damages, costs (including reasonable attorneys’ fees) and expenses arising as a result of any claims, suits or proceedings (collectively, "Claims") brought by any third party against any KYC Services Indemnitees arising from your use of this website and/or Content.
You agree that KYC Services may, in its sole discretion and without prior notice, terminate your access to the website, for cause, which includes (but is not limited to): (i) requests by law enforcement or other government agencies, (ii) a request by you (self-initiated account deletions), (iii) discontinuance or material modification of the website or any service offered on or through the website, or (iv) unexpected technical issues or problems.
15. Third Party Restrictions
In addition to the rights and restrictions set forth in agreement(s) that you have entered into with KYC Services, use of KYC Services services is subject to the additional following terms: (i) you may be required to enter into, or to comply with the terms of, a third-party licensor agreement, and (ii) you may receive such terms within the service itself or directly by the third-party licensor.
To the extent that you redistribute any third-party services, you must obtain all required approvals for control and redistribution of such third-party services. You are responsible for any and all costs and fees associated with agreements entered into with any such third-party licensor. If a third-party licensor ceases to make one or more of its services available to KYC Services, or requires KYC Services to suspend or terminate the provision of all or any part of its services to you, or if KYC Services terminates its arrangements with the third-party licensor, then KYC Services may suspend or terminate that part of its services immediately without notice or further obligation to you.
Content provided by third-party licensors ("Third Party Content") may contain: (i) restrictions, including without limitation, as to disclosure and use of the Third Party Content; and (ii) specific disclaimers with regard to such Third Party Content, including without limitation disclaimer for liability for inaccuracies, errors or omissions; which may be displayed in and shall apply to the Third Party Content.
Such Third Party Content is provided by other, non-KYC Services information providers and therefore KYC Services has no responsibility and makes no representations or warranties as to the accuracy, timeliness or completeness of the Third Party Content. KYC Services shall not be held liable for any loss or damage caused by the inaccuracies, errors or omissions, incomplete or late Third Party Content.