1. Conditions of Sale
These terms and conditions disclose the basis on which Ubiquick SAS (UB) provides its online products and services to you, through the Platform Reportlinker.com. You must read these terms and conditions before using the online products and services. By clicking the Agreement checkbox you accept and are bound by these terms and conditions. This agreement will continue for the term that UB provides the online products and services to you, other than for certain obligations outlined below which survive beyond the term of this agreement. UB may change these terms and conditions from time to time. These changes will be effective upon the next renewal period. Your continued use of the secure platform ("Platform") and/or the online products and services following such renewal will represent an agreement by you to be bound by the terms and conditions as amended.
Reportlinker.com is a search engine that provides an easy access to market reports and statistics published by public sources. UB will use all reasonable commercial care and attention to maintain valide links to all documents indexed in its search engine in the manner described in the Website (www.reportlinker.com) (“Website”). However, UB cannot guarantee that all links to public document remain valide at all time, as UB does not hold the information itself on its server. You acknowledge that the links provided to you through the search engine might be from time to time irrelevant or broken.
3. Authorised User
You acknowledge that you are entering into these terms and conditions. You represent and warrant that you are authorised to use the Platform and the online products and services and that you have capacity to be bound by these terms and conditions. If you are entering into these terms and conditions on behalf of your employer you represent and warrant to us that you are duly authorised and have the power and authority to bind your employer. You agree to keep your username and the password that you use to log into the Platform confidential.
4. Online Products and Services
The online products and services provided by UB are as outlined on the Website and the Platform at the date of purchase. As part of UB's continual development program, the online products and services may change from time to time. UB reserves the right to change these online products and services from time to time. These changes will be effective immediately upon notification on the Platform.
5. Service Availability and Security
All UB servers are managed in a secure mission critical environment. However, from time to time, delays or interruptions may occur in UB providing the online products and services to you. You acknowledge that UB will not be responsible for any such delay or interruptions and that UB will not have any liability to you for any failure or delay in delivering the online products or services to you.
6. Subscriptions, Fees and Payment
Reportlinker.com subscription is provided on the basis of a monthly subscription which commences on the day you make your first subscription payment and continues until you elect not to renew your subscription at its next renewal date.
All payments are made to UB on behalf of Reportlinker.com. You authorize UB to process payments to that credit card for all subscription charges including renewals, unless you cancel your subscription with effect from the next renewal date. UB reserves the right to change the fees at any time without prior notice. You can stop your subscription at any time in "My Account" section (http://www.reportlinker.com/myprofile).
UB reserves the right to terminate your subscription at any time for non-payment of any subscription invoice or for breach of any of these terms and conditions.
If your subscription is terminated or you choose to stop using your subscription, the following will apply: if payment for the entire subscription period has been received in full, UB will be under no obligation to refund any part, or all, of the fees paid for the subscription; and if payment for the entire subscription period has not been received in full, you remain liable and responsible to pay your then current subscription in full.
8. Your information
All personal information submitted by you through the use of the online products and services is maintained on secure servers. UB and its suppliers will take all reasonable steps to maintain the confidentiality of and restrict access to this information and will not disclose any of this information to anyone unless required to do so by law. Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst UB strives to protect such information, UB does not warrant and cannot ensure the security of any information that you transmit to UB and any information which you transmit to us is transmitted at your own risk.
9. No Warranty
UB excludes any and all express or implied warranties, guarantees or representations regarding the accuracy, reliability, timeliness, fitness for purpose or otherwise of any information linked to through its search engine.
10. Limitation of Liability
UB will not be liable to you for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of the Platform or of the UB online products and services nor does UB accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through the Platform or through the online products and services.
End-User agrees that Acquire Media (UK) Limited (“Acquire Media”) and its media providers retain all proprietary right, title or interest, including copyright, in the stories, articles or other material, including but not limited to text, images, and other multimedia data, that Acquire Media provides as part of Licensee’s Services (the “Content”).
2. Restrictions on Use.
End-User agrees that it will not copy nor license, sell, transfer, make available or otherwise distribute the Content to any entity or person. End-User shall use its best efforts to stop any such copying or distri- bution immediately after such use becomes known. The license granted hereunder is limited to display and re- trieval of news stories on End-User’s desktop. By way of illustration and not limitation, the license shall not cover systems or applications that enable any program (includ- ing without limitation algorithmic trading programs), data mining, text mining, or trend analysis function, that inte- grate news with customer relationship management, order management, trading, or portfolio management tools or systems, or mid- or back-office applications, and End-User shall have no right to distribute the Licensed Content via email, instant messaging (other than limited portions on an occasional basis in the normal course of business in communications with other employees and/or securities professionals), a customer Intranet, personal digital assis- tants, wireless application protocol, or short message service or radio system.
3. No Warranty.
The Content is provided “as is.” Acquire Media and its media providers disclaim any and all warranties, express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose, relating to this agreement, the content and all performance hereunder. Acquire Media and its media providers make no warranties regarding the completeness, accuracy or availability of the Content.
4. Limitation of Liability.
In no event shall Acquire Media or its media providers be liable to End-User or any other person or entity for any direct, indirect, special, exemplary or consequential damages, including lost profits, arising under this Agreement or from performance thereunder based in contract, negligence, strict liability or otherwise, whether or not they or it had any knowledge, actual or constructive, that such damages might be incurred.
End-User shall indemnify and hold harmless Acquire Media and its media providers against any claim, damages, loss, liability or expense, including attorneys fees, arising out of End-User’s use of the Content in any way contrary to this Agreement.
6. Beneficiaries of this Agreement.
The rights and limitations in this Acquire Media End-User Agreement are for the benefit of Acquire Media and its media providers, each of which shall have the right to enforce its rights hereunder directly and on its own behalf.
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