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We reserve the right to withdraw or amend any service we provide on the Website at any time without notice. We make no warranty about the availability of the Website and we will not be liable if for any reason the Website is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of the Website, or our entire site, only to users who have registered with us.
If you are provided with, a login ID, password or any other piece of information for use on or access to the Website, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any login ID or password, whether chosen by you or allocated by us, at any time, without any liability, if in our sole discretion, we feel that you have failed to comply with any of the provisions of the Agreement or any separate subscription agreement with us entered into by you or your employer or if we have any security concern or suspect any unauthorised activity.
You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these terms, and that they fully comply with them.
Content and IP
The text, data, information, audio, video images, photographs, graphics, descriptions, names, logos, trademarks, and all other material provided on or transmitted through the Website are collectively referred to as the “Content.”
The Website and all Content is our property, the property of our group companies, or the property of our licensors and is protected by copyright, trademark and other intellectual property laws. All rights are reserved. Other than as expressly set out in this User Agreement, no user shall by implication or otherwise have any licence or right under any patent, trademark, copyright or any other intellectual property right belonging to us or to any third party, to the Website or any Content or materials.
You may print off copies, and may download extracts, of any page(s) from our Website only to use for your internal business purpose and in accordance with the terms of our subscription agreement with you (if you have entered such agreement), provided that no modifications are made and that all trademarks and copyright symbols (such as ©) displayed on the Website remain intact. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way.
You may not and nothing contained on the Website will be construed as granting, by implication or otherwise, any right to, use, reproduce, modify, transmit, display, publish, sell, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content for commercial purposes. The use of any Content on any other site is not permitted without our prior written consent.
Contributions to the Website
Users and other third parties may make certain contributions or submissions to the Website (including, without limitation, meeting details, company information, meeting feedback, other feedback, comments, opinions, blog entries, diaries, reviews, photographs, audio, video, or other submissions of users/third parties (“User Postings”)). We do not endorse and are not responsible for any User Postings and expressly disclaim any and all liability in connection with such User Postings.
We respect, and expect users to respect fellow users of the Website, and to comply with this Agreement. If you make any User Postings, you must comply with the following standards, including complying with the spirit as well as the letter of the standards:
(a) You must ensure that and you hereby warrant to us that (i) any User Postings are accurate (where they state facts); (ii) any User Postings are genuinely held (where they state opinions); and (iii) you have obtained any third party consents required to make the User Postings and for the User Postings to be used as set out in this User Agreement.
(b) You must ensure that and you hereby warrant to us that any User Postings will not be:
- Abusive, defamatory, or obscene;
- Fraudulent, deceptive or misleading;
- In violation of any intellectual property, privacy or other right of another;
- In violation of any law or regulation;
- Offensive or inappropriate;
- Advertising, promotion, marketing or any form of solicitation that has not been authorised by us in writing; or
- Otherwise in breach of these terms.
We reserve the right to monitor and edit, modify or delete any User Postings (or portions thereof) which we, in our sole discretion, deem violate any of the above terms or which are otherwise not suitable for the Website in our sole discretion. We also have the right to disclose the identity of the poster where requested by a court or any other applicable authority.
You agree and acknowledge that we shall be free to store, keep and use any User Postings or other information, data or reports you provide for the following purposes, provided that in relation to sub-paragraphs (a) to (d) below, this is done on an anonymised basis without attribution to you:
(a) producing reports on market trends and conditions;
(b) producing reports and analysis of markets, industry sectors and companies;
(c) producing reports and analysis of the feedback provided to us;
(d) reviewing, reporting on and promoting the success of the Website and its services;
(e) making available and maintaining our contacts register; or
(f) for use by subscribers to our Service on whose instructions you may have made the User Postings.
You may be requested by us to complete a survey issued either by GeekWire or commissioned by one of our subscribers (a “Survey”).
You are under no obligation to accept the invitation to respond to a Survey and your response is voluntary. If you decide to respond to the Survey, you irrevocably agree that:
(a) your responses to the Survey, including your name and contact details (the “Survey Responses”) will be shared with the relevant subscribers. We will ask them to only use the Survey Responses for their own internal business purposes. They may contact you to request your consent for other uses;
(b) we will be entitled to use your Survey Responses for our own business purposes, including to publish our own reports and analysis of the feedback provided. We may do this on an anonymised basis.
Your personal details (name and contact details) will only be disclosed to the subscribers to whom the Survey relates or those commissioning the Survey. We confirm that if we use your Survey Responses in any other public format, your anonymity will be preserved.
You agree that you shall not:
(a) attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of our website or systems; or
(b) attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, transmit, or distribute all or any portion of the Website or systems in any form or media or by any means; or
(c) license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the any of the Website or any part of our services available to any third; or
(d) access or attempt to access any part of the Website to which you have not been given authorised access;
You must not misuse our Website by knowingly or negligently introducing viruses, trojans, worms, logic bombs or other material which is malicious or harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching these provisions, you may be committing a criminal offence and we reserve the right to report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any website linked to it.
Links from Other Websites
We generally welcome links to our Website. You may establish a link to the Website, provided that the link does not state or imply any sponsorship or endorsement of your website or its contents by us or by any group or individual related to or affiliated with us. You must obtain our express written consent in order to use on your website any Content provided on this Website.
Links to Other Websites
Your use of the Website is at your own risk. We do not make any representation, condition, guarantee or warranty of any kind, whether expressed or implied, such as quality or reliability, fitness for a particular purpose, merchantability, non-infringement, accuracy, reliability or completeness of the Website including the Content. The Website may include publications with technical or other inaccuracies or typographical errors and, whilst we shall use commercial endeavours to ensure that the information provided on the Website is accurate, it may from time to time contain information that is out of date. We accept no responsibility to keep the information up to date and error free. The material on our Website is not intended to amount to advice on which reliance should be placed. Any reliance placed on the information contained on the Website will be at your own risk.
We reserve the right to withdraw access to the Website without notice for reasons of maintenance, security, updating and for any other reason. We shall not be liable if, for any reason, the Website is unavailable at any time or for any period.
We accept no responsibility to review, approve or moderate any User Postings before they appear on the Website.
The Website and the Content is not intended to amount to advice on which reliance should be placed. All Content and material on this Website is provided for generic information only. Such Content and material does not constitute and should not be construed as investment or financial advice or instruction and no action or inaction should be taken based solely on this information. Users should act in accordance with their own skill and judgment in their use of the Services and the Website.
Exclusion of Liability
Without prejudice to any of the other terms in this Agreement, to the fullest extent permitted by applicable law, we hereby expressly exclude:
(a) All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
(b) Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Website or in connection with the use, inability to use, or results of the use of the Website, including, without limitation any liability for:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss or damage to equipment, systems, hardware, software or databases;
- loss or damage caused by any denial of service attack, viruses, trojans, worms or any other technologically harmful code or material; and
- for any other loss or damage of any kind, however arising,
in each case whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable or if we have been made aware of the possibility of such loss or damage. This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or any other liability, if and to the extent such liability cannot be excluded or limited under applicable law.
General Compliance with Laws
All users shall comply with all applicable laws, statutes, ordinances, and regulations regarding use of the Website.
No failure by us or delay to exercise, any right, power or remedy in connection with the Agreement will operate as a waiver. Any waiver by us of a breach of the Agreement shall not be effective unless it is in writing and signed by us. No waiver by us of any breach of the Agreement shall be deemed to be a waiver of any subsequent breach.
If any provisions of the Agreement are held to be illegal, invalid or unenforceable, in whole or in part, whether under any enactment or rule of law or otherwise, such provision or part shall to that extent be deemed not to form part of the Agreement but the legality, validity and enforceability of the remainder of the Agreement shall not be affected.
We may at any time change, modify, add to, or replace all or part of the terms of this User Agreement. It is your responsibility to review the terms regularly. Your continued use of the Website after any changes have been made to these terms shall constitute an acceptance by you of the new terms which shall be binding upon you.
These terms (except for the FactSet Terms) shall be governed by and construed in accordance with Austrian law and the Austrian Courts shall have exclusive jurisdiction to determine any claims arising from or related to the Website (including its use or access).
Our Website makes available financial data that is provided by The FactSet Research Systems Inc. (“FactSet”). FactSet Data (defined below) is made available to you, the User, subject to the terms and conditions provided by FactSet as set out in this Section below (the “FactSet Terms”). The FactSet Terms are incorporated within our User Agreement and your access or use of the Website shall be deemed to be your agreement to be bound by the FactSet Terms for the direct benefit of GeekWire and FactSet as a third party beneficiary. GeekWire shall not have any liability for the FactSet Data or any acts or omissions of FactSet.
The FactSet Research Systems Inc. (“FactSet”) on behalf of itself and its affiliates agrees to provide and each user (“User”) agrees to use the FactSet Data described below according to the terms and conditions below.
1. License of Databases, Consulting and Software
a. Subject to the terms and conditions of this Section, FactSet grants to User the limited, nonexclusive, nontransferable rights to use its financial data (“FactSet Data”) via this website.
b. All proprietary rights, including intellectual property rights, in the FactSet Data will remain property of FactSet.
2. Restrictions of Use; Proprietary Rights
a. FactSet provides the FactSet Data solely and exclusively for User’s internal use and for business purposes only in User’s business. User will not use or permit any individual or entity under its control to use the FactSet Data for any unlawful or unauthorized purpose.
b. Except as otherwise expressly provided in this Section, User agrees that it will not copy, transfer, distribute, reproduce, reverse engineer, decrypt, decompile, disassemble, create derivative works from or make any part of the FactSet Data available to others. User may use Insubstantial Amounts of the FactSet Data in the normal conduct of its business for use in reports, memoranda and presentations to User’s employees, customers, agents and consultants, but FactSet and its respective affiliates reserve all ownership rights and rights to redistribute the FactSet Data. “Insubstantial Amounts of the FactSet Data” means an amount of the FactSet Data that (i) has no independent commercial value as a database, (ii) could not be used by User as a substitute for the FactSet Data or any part of it, (iii) is not separately marketed by User, an affiliate of User or a third-party source, and (iv) is not regularly or systematically retrieved in a manner that does not satisfy clauses (i), (ii) and (iii) of this definition. FactSet will have the right to require User to cease its use of the FactSet Data immediately if, in the sole reasonable judgment of FactSet, FactSet believes that User’s use involves more than an Insubstantial Amount of the FactSet Data.
c. FactSet represents and User acknowledges that the FactSet Data and its component parts were developed, compiled, prepared, revised, selected and arranged by FactSet or its affiliates through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, money and originality and that they constitute valuable intellectual property and trade secrets of FactSet. At FactSet’s expense and reasonable request, User agrees to cooperate with FactSet to protect the proprietary rights in the FactSet Data during the term of this Agreement. User covenants to (i) retain all copyright, trademark, service mark and other proprietary notices contained in the FactSet Data on any copy made by User; and (ii) not modify the FactSet Data in a way that would constitute an infringement of any third party intellectual property rights. User agrees to notify FactSet promptly in writing of any unauthorized access or use of which User becomes aware of or any claim that the FactSet Data or any component parts infringes on any copyright, trademark or other contractual or statutory or common law right. FactSet nor the User will use any trademarks, website marks, names, logos, or other identifiers of the other party without the prior written permission of the relevant party. In addition, neither party may use the other party’s trademarks: (i) in, as or as part of that party’s own trademarks or those of any third parties, (ii) in a manner likely to cause confusion, or (iii) in a manner that implies inaccurately that a party sponsors, endorses or is otherwise connected with the other party’s own activities, products or services. User will not, under any circumstances, remove any trademarks, copyrights or other related visual marks and logos from the information provided or from any reproduction or redistribution of such information.
a. FactSet may, in its sole discretion, terminate User’s use of the FactSet Data for any reason including: (i) breach by User of this Section, or (ii) conduct by User that is harmful to FactSet’s business.
b. User may not use, or assist any third party in using, any portion of the FactSet Data in any way to compete with the FactSet Data. If FactSet believes, in good faith, that the User is competing with FactSet, then FactSet may terminate this Section, consider the activity a material breach of this Section and pursue any and all remedies for the breach.
User will indemnify and hold harmless FactSet against all claims or demands by and liabilities to third parties, including without limitation reasonable attorney’s fees, arising from or in connection with User’s breach of any of its representations, warranties or covenants in this Section and User’s use of the FactSet Data not in accordance with this Section.
5. Warranties and Disclaimers
a. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, THE FACTSET DATA IS PROVIDED “AS IS” AND ALL REPRESENTATIONS, WARRANTIES, TERMS AND CONDITIONS, ORAL OR WRITTEN, EXPRESS OR IMPLIED (BY COMMON LAW, STATUTE OR OTHERWISE), IN RELATION TO THE FACTSET DATA ARE HEREBY EXCLUDED AND DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. IN PARTICULAR, FACTSET DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND MAKE NO WARRANTY OF ACCURACY, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY OR SPEED OF DELIVERY OF THE FACTSET DATA. USER AGREES THAT THE FACTSET DATA IS NOT INVESTMENT ADVICE AND ANY OPINIONS OR ASSERTION CONTAINED IN THE FACTSET DATA DO NOT REPRESENT THE OPINIONS OR BELIEFS OF FACTSET OR ITS AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES. FactSet does not warrant that the FactSet Data will be uninterrupted, error free, or completely secure. FactSet expressly disclaims any liability for any loss or injury caused in whole or in part by negligence or any other error made by human or machine concerning the production, compilation or distribution of the FactSet Data. User expressly assumes the entire risk for the results and performance of the FactSet Data.
b. None of FactSet or its respective affiliates will have any liability for any lost profits or direct, indirect, special, consequential, punitive or exemplary damages, even if advised in advance of the possibility of these types of damages.
6. Entire Agreement
This Section constitutes the entire agreement between the parties and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to any subject matter covered by this Section. User may translate this Section into other languages for the convenience of User, but the controlling language will be English.
7. Governing Law
This Section only will be governed by, construed and enforced pursuant to the laws of the State of New York and will be subject to the exclusive jurisdiction of that state without regard to conflicts of laws principles. Any controversy or claim arising out of or relating to this Section will be settled by the state or federal courts located in New York, New York. THE PARTIES HEREBY WAIVE THEIR RESPECTIVE RIGHT TO A TRIAL BY JURY. User may not bring a cause of action under or related to this Section more than one year after User knew or should have known of the cause of action, and in no case more than one year after the termination of this Section.
8. Confidential Information
“Confidential Information” within this Section means any non-public information obtained under or in connection with the User’s receipt of FactSet Data, including the FactSet Data. Except to the extent required by law or legal process or as otherwise provided herein, User will not disclose any Confidential Information to any third party.