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TERMS OF USER AGREEMENT & PRIVACY POLICY

1. WELCOME

Thank you for subscribing to Money-Media (the “Service”) and visiting us online at a Money-Media Website (the “Website”). Please read this Terms of User Agreement (the “Agreement”) carefully. By registering for the Service, whether as an individual or through a company subscription, each User has entered into an agreement with Money-Media. At all times, each User is bound by the then-current version of this Agreement and all applicable laws. We highly recommend that each User review this Agreement from time to time to ensure that they are familiar with the most recent version.

2. LICENSE GRANT

In return for the timely payment for the Service and subject to the other terms and conditions of this Agreement, Money-Media hereby grants a limited number of your full- and part-time employees who are acting within the scope of their employment (the “Users”), a limited, non-exclusive, non-transferable license to display the stories, databases, polls, webinars, videos and other materials provided by the Service (e.g., Agenda, FundFire, BoardIQ, Ignites, ODX, Ignites Europe, and/or Financial Times) (collectively “the Content”), and also to make a reasonable number of printouts of the Content, for internal company use only. The exact number of full and part-time employees authorized to access the Content are described in the sales contract. Such use expressly excludes any republication or redistribution beyond the scope of the license granted hereby. All information available through the Service is the sole property of Money-Media or related companies, and may not be copied, distributed, reproduced, or sold without the express written consent of Money-Media. Under no circumstances may any User provide access to or copies of the Content to any person not licensed hereby.

3. FORWARD TO A FRIEND

Users may occasionally utilize our “Forward to a Friend” function to e-mail an article from the Service to a few individuals, without charge. Users are not permitted to provide others with access to the Content on a regular basis. When this feature is used, Money-Media monitors information regarding the sender's name, email address and comments, as well as the recipient's name and email address.

4. MONITORING USE

Money-Media reserves the right to monitor usage of the Website and the Service and to compile reports on such usage.

5. DISCLOSURE OF INFORMATION

Money-Media may preserve and disclose information about each User for the following limited purposes: (1) to comply with legal process, such as a court order, search warrant, or subpoena; (2) to enforce this Agreement; (3) to respond to a request from you; (4) to promote the Content or the Service; and (5) in circumstances that we deem, in our sole discretion, to constitute illegal activities including fraud, or that pose a threat to the safety of you or others.

6. COPYRIGHTS AND TRADEMARKS

A. Ownership

The Website includes trademarks and service marks owned by Money-Media and its related companies. The Website also includes trademarks and service marks owned by third parties, which appear on the Website with the permission of their respective owners. Use of any of these marks without permission may constitute infringe or otherwise violate trademark rights.

B. Notice and Procedure for Making Claims of Copyright Infringement

1. Notification of Alleged Copyright Infringement

It is Money-Media’s policy to respect the intellectual property rights of others. In connection with this policy, Money-Media will not knowingly post content of any kind that infringes the copyrights of others. Accordingly, and pursuant to the Digital Millennium Copyright Act (17 U.S.C. §512(c)), Money-Media has designated an agent to receive notifications of alleged copyright infringement on the Website (the “Designated Agent”). If you believe that your work has been used in a way that constitutes copyright infringement, please send a written communication to Money-Media’s Designated Agent that contains the following:

  1. a description of the allegedly infringed work;
  2. a description of the location of the allegedly infringing work on the Website, including the URL;
  3. your name, mailing address, email address, and telephone number,
  4. a statement by you that you have a good faith belief that the disputed use is unauthorized under current law;
  5. a statement by you that you believe, under penalty of perjury, that your allegations are true and that you are the copyright owner or acting on behalf of the copyright owner; and
  6. your physical or electronic signature.

(a “Notification of Alleged Infringement”).

When Money-Media receives a proper Notification of Alleged Copyright Infringement, Money-Media will remove or disable access to the allegedly infringing material and promptly notify the alleged infringer. Money-Media will advise the alleged infringer regarding the Digital Millennium Counter Notification procedures discussed below. Pursuant to the Digital Millennium Copyright Act, Money-Media reserves the right to terminate the accounts of repeat infringers.

2. Counter Notification

If you believe your copyrighted material was mistakenly removed from the Website, you may submit a Counter Notification to the Designated Agent listed below pursuant to 17 U.S.C. § 512(g)(2) and (3). The Counter Notification must include:

  1. identification of the material that was removed or disabled due to mistake or misidentification and the location where the material appeared before it was removed or disabled;
  2. a statement that you consent to the jurisdiction of the federal District Court in which your mailing address is located, or if your mailing address is located outside of the United States, you consent to the jurisdiction of the U.S. District Court for the Southern District of New York, Manhattan Division;
  3. a statement that you will accept service of process from the party that filed the Notification of Alleged Copyright Infringement or the party’s agent.
  4. your name, mailing address, email address, and telephone number;
  5. a statement that you have a good faith belief, under penalty of perjury, that the material in question was removed or disabled due to a mistake or misidentification; and
  6. your physical or electronic signature.

If you comply with the Counter Notification procedures identified above, Money-Media will restore your removed or disabled material after ten (10) business days but no later than fourteen (14) business days from the date Money-Media receives the Counter Notification, unless Money-Media first receives notice from the person who submitted the Notification of Alleged Copyright Infringement that such person has filed an action seeking a court order to restrain your activity related to the removed or disabled material.

3. Registered Agent

Please submit Notifications of Alleged Infringement and Counter Notifications via mail or email to:

Daniel I. Fink
Managing Director

Money-Media
330 Hudson Street
New York, NY 10013
Email: dmca.agent@money-media.com

C. Use of Your Company Name/Logo

You agree that we may list your company name on the Website to facilitate registration for the Service by your authorized employees.

7. LINKS FROM THE WEBSITE

Links provided from the Website to other websites or Internet locations are provided for the convenience of the Users. Money-Media does not endorse, sponsor, or approve of any content of such websites or locations. Money-Media has no control over any of the websites or Internet locations that you may access through the Website, and is not responsible for the content or accuracy of the content of any such website or location. If a User accesses any other website or Internet location through the Website, the Users do so at their own risk. If you believe that any link on the Website leads to an illegal, offensive, or inappropriate website, please contact Money-Media.

8. USE OF FORUMS

The Website may offer Users the ability to use forums to communicate with other Users or to comment on the Content. Users must not transmit any message in connection with any forum ("Message") that: (a) restricts or inhibits any other user from using and enjoying the Website; (b) is unlawful, threatening, abusive, bigoted, hateful, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, or indecent; (c) constitutes, advocates, or encourages conduct that would constitute or give rise to a criminal offense, civil liability, or other violation of any local, state, national, or international law; (d) violates, plagiarizes, or infringes the rights of third parties including, without limitation, copyright, trademark, patent, trade secret, rights of privacy or publicity, or any other proprietary right; (e) contains a virus or other harmful content or material; (f) contains any information, software, or other material of a commercial nature; (g) contains advertising, promotions, or commercial solicitations of any kind; or (h) constitutes or contains false or misleading indications of origin or statements of fact.

Money-Media shall have the right, but not the obligation, in its sole discretion to review, edit, or delete any Message transmitted in any forum that: (a) violates any term of this Agreement; or (b) is otherwise illegal, offensive, or inappropriate. Upon such violation, Money-Media shall have the sole discretion to terminate the User’s access to the Website. Money-Media reserves the rights to fully cooperate with any law enforcement authorities or court orders requesting or directing Money-Media to disclose information regarding any User who submits a Message that violates the foregoing terms.

Although Money-Media may from time to time monitor or review Messages submitted in forums on the Website, Money-Media is under no obligation to do so and assumes no responsibility or liability arising from the content of any Message nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained therein. Display of any Message in any forum does not constitute approval or endorsement by Money-Media. If you believe that any posting to the Website is illegal, offensive, or inappropriate, please contact Money-Media.

Messages submitted in forums on the Website, including any data, questions, comments, suggestions, information, images, or the like, will be treated as non-confidential and nonproprietary. By submitting a Message to the Website, Users acknowledge that any information disclosed by you therein (a) may be used by any third party, including Money-Media; (b) is not confidential and may be read or intercepted by others; and (c) creates no confidential, fiduciary, contractually implied or other relationship between you and Money-Media other than pursuant to this Agreement.

9. PROHIBITED USES

In addition to the requirements set forth in other sections of this Agreement, each User agrees not to access and/or use the Website for any purpose not expressly authorized by the Agreement and/or to transmit, post, or distribute to the Website content that:

  1. constitutes an advertisement or solicitation of business of any kind, including but not limited to spam, chain letters, and pyramid schemes;
  2. contains or constitutes software, computer programs, or routines of any kind, including but not limited to viruses, bots, worms, and spiders;
  3. collects information about others, including but not limited to users’ e-mail addresses;
  4. imposes an unreasonable load or burden on the Website’s infrastructure;and/or
  5. reverse engineers, decompiles, or disassembles the software comprising the Website.

10. DISCLAIMER OF WARRANTIES

ALL CONTENT OF THIS WEBSITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, MONEY-MEDIA DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, EXPRESSED OR IMPLIED, RELATING TO SUCH CONTENT, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES AND REPRESENTATIONS OF NONINFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND QUIET ENJOYMENT. ALTHOUGH MONEY-MEDIA STRIVES TO MAKE THE CONTENT ACCURATE, COMPLETE, AND CURRENT, MONEY-MEDIA DOES NOT WARRANT OR REPRESENT THAT ANY CONTENT OF THIS WEBSITE OR ANY DATA ON THIS WEBSITE IS ACCURATE, ERROR-FREE, COMPLETE, OR CURRENT, THAT USE OF SUCH CONTENT OR DATA WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE, ITS CONTENT OR DATA, AND THE SERVERS ON WHICH THE WEBSITE AND CONTENT ARE AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR OTHERWISE COMPLETELY SECURE. MOREOVER, MONEY-MEDIA DISCLAIMS ANY OBLIGATION TO MAINTAIN THIS WEBSITE OR KEEP IT OPERATIONAL. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THESE EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.

11. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES WILL MONEY-MEDIA BE LIABLE TO ANY PERSON OR BUSINESS ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES OR LOSSES BASED ON OR CAUSED BY ANY USE OF THIS WEBSITE OR ANY OTHER WEBSITE TO WHICH THIS SITE IS LINKED, THE CONTENT OF THIS OR OTHER WEBSITES, OR ANY VIRUSES OR OTHER HARMFUL COMPONENTS DERIVED FROM ANY SUCH WEBSITES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, REVENUE, OR USE, BUSINESS INTERRUPTION, OR LOSS OF COMPUTER PROGRAMS, DATA, OR INFORMATION, EVEN IF MONEY-MEDIA HAS BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN LIABILITIES, SO THESE EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.

12. TERMINATION OF SERVICE

Money-Media reserves the right to change or discontinue at any time, without notice, any forums, content, materials, equipment, specifications, models, products, software, applications, and/or services described on the Website, or the availability thereof. Money-Media also reserves the right, in its sole discretion, to terminate this Agreement and any User’s access to all or part of the Website. In the event of Termination of Service, Users who have actually paid a subscription fee may request a refund from Money-Media.

13. INDEMNIFICATION

Each User agrees to indemnify and hold harmless Money-Media and its parents, subsidiaries, affiliates, directors, officers, employees, agents, licensors, partners, co-branders, members, representatives, successors, and assigns, from and against all liabilities, claims, expenses, and demands, including reasonable attorneys’ fees and amounts paid to settle claims, made by any third party due to or arising from the content you submitted, posted, or transmitted to or through the Website, your use of the Website, your violation of this Agreement, or your violation of any rights of another.

14. NO WAIVER

The failure of Money-Media to enforce any provision of this Agreement or to respond to a breach of this Agreement by you or other parties shall not in any way constitute a waiver of Money-Media rights to subsequently enforce any provision of this Agreement against you or any other party.

15. PRIVACY POLICY

A. What Data Does Money-Media Gather?

Money-Media collects the User's general information, including her/his content/display preferences, email address, company, title, address, phone and fax numbers, information about where the user heard about the Money-Media site, and the user name and password that the user will employ to access the site.

Money-Media also monitors the IP addresses, or the locations of your computers on the Internet, along with the corresponding user name and password of each user in order to prevent unauthorized access to Money-Media's sites. Some of this information is also used to help us build statistical data on Money-Media site usage.

Statistical data regarding access to the each site is also gathered. This data may include frequency of use, duration of use, number of visits per page, and articles accessed.

B. What Does Money-Media do with the Information We Gather?

In addition to the purposes described or noted elsewhere in this Agreement, the information gathered by Money-Media is used for these main purposes: (a) to help Money-Media determine site usage, reader preferences and content for upcoming features; (b) to help the Money-Media staff better assist those in need of technical support and account updates; (c) to prohibit unauthorized access to Money-Media websites; (d) to inform visitors to the site of changes and updates; and (e) to demonstrate use of the site to third parties.

C. Does Money-Media Employ Cookies?

Money-Media employs cookies in order to track site usage and to verify a User's access information. This also enables a User to access the full articles without having to re-enter a user name and password each time. Users must have their browsers set to accept cookies in order to access the Service and view the Content. Please see our Cookie Policy for more details.

D. Will Money-Media Disclose My Personal Information?

Except as otherwise described in this Agreement, Money-Media does not disclose Users’ personal information to third parties.

16. VIOLATIONS


Please report any violations of this Agreement to Money-Media.