SUBSCRIBER AGREEMENT AND TERMS OF USE
UPDATED ON 5 October 2020.
PLEASE SCROLL DOWN AND READ THE SUBSCRIBER AGREEMENT AND TERMS OF USE BELOW CAREFULLY, AS IT SETS OUT THE TERMS OF A LEGALLY BINDING AGREEMENT BETWEEN YOU AND FINANCIAL NEWS.
This Subscriber Agreement and Terms of Use (this "Agreement") governs your use of the Financial News online service and other services available at www.fnlondon.com, any mobile application(s), and hard copy publication of Financial News, and unless other terms and conditions expressly govern, any other service (electronic or otherwise) from Financial News that may be made available from time to time (together the "Service"). These products and services are provided either directly by eFinancial News Limited and its subsidiaries ("we", "us", "our") or through various third party platforms and devices (e.g., mobile and tablet).
1. Changes to Subscriber Agreement. This Agreement replaces all previous terms and conditions for the Service. We may change the terms of this Agreement at any time for legal or regulatory reasons, or in accordance with changes to our business practices or our services. We will notify you of the change in writing or electronically (including without limitation, by email or by posting a notice on the Service that the terms have been "updated" or similar words). The changes also will appear in this document, which you can access at any time by going to the Subscriber Agreement and Terms of Use link at the footer of the Service which is made available through a website or to the Legal or Legal Notices area of the Service which is made available as an application. By using the Service after changes are made to this Agreement you signify that you agree to be bound by such changes. If you are a subscriber, any changes to this Agreement will become effective from the date of your next payment following the change unless we notify you otherwise. If you are not a subscriber, any changes will become effective as soon as we post them on www.fnlondon.com.
2. Privacy and Your Account. Registration data and other information about you are subject to our Privacy Policy. Your information may be stored and processed in the United Kingdom or any other country where we have facilities, and by using the Service online, you consent to the transfer of information outside of your country. If your access to the Service has been provided by or through a third party (for example, your employer) (each, a "Third Party"), the Third Party may have provided us with information about you to enable us to provide you with access to the Service and distinguish you from other subscribers (such as your email address or name). If you access the Service using a password, you are solely responsible for maintaining the confidentiality of that password. If you provide someone else with access to your password to the Service, they will have the ability to view information about your account and make changes through the website for the Service. Similarly, if you tell someone the answer to your security question for the Service, they will be able to request information about your account and make changes through Customer Service. You agree to notify us promptly if you change your billing and delivery addresses and email address so we can continue to contact you and send any notices required hereunder. If you fail to notify us promptly of a change, then any notice we send to your old address shall be deemed sufficient notice.
3. Fees and Payments. The subscription price will be made clear to you on our sign-up pages or otherwise during the sign-up process and may vary from time to time. You agree to pay the subscription fees and all applicable taxes or duties payable in respect of this Agreement. Depending on the type of subscription that is available at the time of subscription, you may be billed on a monthly, quarterly, or annual basis. We will bill all charges automatically to your credit card. We may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance and an opportunity to cancel. If you want to use a different credit card or you need to update your credit card details, please contact our Customer Service at +44 (0) 20 3426 1314 or by email at customerservices@fnlondon.com to make changes. If you believe someone has accessed the Service using your user name and password without your authorisation, please immediately notify us by calling Customer Service at +44 (0)20 3426 1314 or by email at customerservices@fnlondon.com. You are responsible for any fees or charges incurred to access a Service through an Internet access provider or other Third Party service. In addition to the subscription fee you must pay, certain banks and credit card issuers will charge a foreign transaction fee on transactions which occur abroad or in foreign currency. The majority of payments for subscriptions we take by credit card are processed in the United Kingdom. Please check with your bank or credit card issuer to find out whether such charges apply to you. eFinancial News Limited is not responsible for any such charges.
4. Term; Cancellation and Renewal.
4.1 This Agreement shall remain in full force and effect while you use the Service. Your subscription will renew automatically until it is cancelled in accordance with this Section. The following cancellation terms apply: If you wish to cancel, please call our Customer Service team on +44 (0) 20 3426 1314 or by email at licensing@fnlondon.com (such notice to include your contact details). You can cancel within 30 days of the start of your subscription without giving any reason and we will take no further payment from you. If you wish to cancel after the first 30 days of your membership, you will not be entitled to a refund if you have paid in advance, and if you chose monthly billing, you will still be obligated to continue to make the monthly payments for the duration of the term. On cancellation of your membership, all access to all our services will stop. When cancelling your membership with us, please have the following information ready: That you would like to cancel your subscription with us and stating that this is a notice of cancellation; When you subscribed; and Your name and address.
4.2 We reserve the right to suspend or terminate your subscription if you breach this Agreement, without notice and without further obligation to you. We may also suspend or terminate your subscription if we are unable to provide the Service to you due to a cause beyond our control.
4.3 In the unlikely event that we cease to publish Financial News or the Content (as defined in Section 7.2), we will give you at least 90 days’ notice, when possible. If we do so, then we will have no further obligation to you, unless you are a personal subscriber. In this case we will offer you a refund of the unexpired period of your paid subscription. This means that we will refund you with any amounts paid in advance that apply to any remaining period of your subscription.
4.4 If you are a registered user but not a subscriber, then we reserve the right to suspend or terminate your registration at any time, without notice and without further obligation to you. If you would like to cancel your registration, then please contact Customer Service customerservices@fnlondon.com.
5. Availability of Service through other Platforms; Third Party Payment Services.
5.1 If you access a Service through a mobile application or other type of third party platform, the applicable End User License Agreement for the mobile service through which you downloaded the mobile application may apply in addition to the terms of this Agreement and you agree that you are subject to such application or platforms terms in addition to this Agreement.
5.2 From time to time, we may use a third party not affiliated with us to process payments for a Service (a “Third Party Processor”). You agree that this Third Party Processor is solely responsible for controlling, handling, processing, or fulfilling purchases processed through its systems. When using such Third Party Processor you may be subject to additional terms of use/service and privacy policy(ies) of the Third Party Processor.
6. Certain Types of Users; Print Subscriptions.
6.1 Other Subscribers and Users. If your access to the Service is provided by, or through a Third Party (as defined in Section 2 above), or if you have paid for access to the Service in connection with your subscription to one of our print publications, some or all of the "Fees and Payments" and "Cancellation and Renewal" terms may not apply to you. Please contact the Third Party or our Customer Service department for details. If you access the Service without paying or registering (e.g., as part of an "open house" or free trial, you are hereby notified that all of the terms and conditions of this Agreement except the section labeled "Fees and Payments" and "Cancellation and Renewal" apply to your use and access of the Service.
6.2 Print/Digital Combo Subscriptions. Your use of the print Financial News shall be subject to this Agreement, except for those provisions which, due to their nature, are applicable solely to the use of a digital product or service.
7. Limitations on Use.
7.1 Only one individual may access the Service at the same time using the same user name or password, unless we agree otherwise.
7.2 The text, graphics, images, video, artwork, metadata and other data, design, organization, compilation, look and feel, advertising and all other protectable intellectual property, including but not limited to any copyrights, trademarks, service marks, trade names, trade dress, patent rights, or database rights (the "Content") available through the Service are our property or the property of our advertisers and licensors and are protected by copyright and other intellectual property laws. Unless you have our written consent, you may not use, sell, publish, distribute, retransmit or otherwise provide access to the Content received through the Service to anyone, including, if applicable, your employees, with the following exceptions:
7.2.1 You may occasionally distribute a copy of an article, or a portion of an article, from the Service in non-electronic form to a few individuals without charge, provided you include all copyright and other proprietary rights notices in the same form in which the notices appear in the Service, original source attribution, and the phrase "Used with permission from eFinancial News Limited." Please consult the Financial News reprints team at licensing@fnlondon.com if you need to distribute an article from the Service to a larger number of individuals, on a regular basis or in any other manner not expressly permitted by this Agreement.
7.2.2 You may occasionally e-mail a link to an article from the Service to a few individuals, without charge. You are not permitted to do this for the purpose of regularly providing other users with access to content from the Service.
7.2.3 While you may download, store and create an archive of articles from the Service for your personal use, you may not otherwise provide access to such an archive to more than a few individuals on an occasional basis. The foregoing does not apply to any sharing functionality we provide through the Service that expressly allows you to share articles or links to articles with others. In addition, you may not use such an archive to develop or operate an automated trading system or for data or text mining.
7.3 Additional Restrictions on Use of the Content.
7.3.1 You agree not to rearrange or modify the Content available through the Service. You agree not to display, post, frame, or scrape the Content for use on another web site, app, blog, product or service, except as otherwise expressly permitted by this Agreement. You agree not to create any derivative work based on or containing the Content. The framing or scraping of or in-line linking to the Services or any Content contained thereon and/or the use of webcrawler, spidering or other automated means to access, copy, index, process and/or store any Content made available on or through the Service other than as expressly authorized by us is prohibited.
7.3.2 You further agree to abide by exclusionary protocols (e.g., Robots.txt, Automated Content Access Protocol (ACAP), etc.) that may be used in connection with the Service. You may not access parts of the Service to which you are not authorized, or attempt to circumvent any restrictions imposed on your use or access of the Service.
7.3.3 As a general rule, you may not use the Content, including without limitation, any Content made available through one of our RSS or API Feeds, in any commercial product or service, without our express written consent.
7.3.4 Any unauthorised or prohibited use of any Content may subject you to civil liability, criminal prosecution, or both, under applicable laws, rules, regulations and treaties. We require users to respect our copyrights, trademarks, and other intellectual property rights and shall enforce same.
7.4 You agree not to use the Service for any unlawful purpose. We reserve the right to terminate or restrict your access to the Service if, in our opinion, your use of the Service may violate any laws, regulations or rulings, infringe upon another person's rights or violate the terms of this Agreement.
8. Community; User Generated Content.
8.1 User Name. We may require you to register to access and use certain of our community areas. It is your responsibility to choose your password wisely. If you have concerns or believe that someone is using your password without your authority, please immediately contact Customer Service. We reserve the right to disclose any information about you, including registration data, in order to comply with any applicable laws and/or requests under legal process, to operate our systems properly, to protect our property or rights, and to safeguard the interests of others.
8.2 User Generated Content.
8.2.1 User Content. We may offer you the opportunity to comment on and engage in discussions regarding our Content. Any content, information, graphics, audio, images, and links you submit as part of creating your profile or in connection with any of the foregoing activities are referred to as "User Content" in this Agreement and are subject to various terms and conditions as set forth below.
8.2.2 Cautions Regarding Other Users and User Content. You understand and agree that User Content includes information, views, opinions, and recommendations of many individuals and organizations and is designed to help you gather the information you need to help you make your own decisions. Importantly, you are responsible for your own investment decisions and for properly analyzing and verifying any information you intend to rely upon. We do not endorse any recommendation or opinion made by any user. We do not routinely screen, edit, or review User Content. However, we reserve the right to monitor or remove any User Content from the Service at any time without notice. You should also be aware that other users may use our Service for personal gain. As a result, please approach messages with appropriate skepticism. User Content may be misleading, deceptive, or in error.
8.2.3 Grant of Rights and Representations by You. If you upload, post or submit any User Content on the Service, you agree that you have all the necessary legal rights to upload, post or submit such User Content and it will not violate any law or the copyright or any other rights of any person. You agree that upon uploading, posting or submitting information on the Services, you grant eFinancial News Limited, and our respective affiliates and successors a right (but not an obligation) to use, distribute, display, translate, modify, delete, or commercially exploit your User Content in any and all media or technology, now known or later developed, in any manner, in whole or part, with or without attribution, without limitation in time, without any requirement to pay you or obtaining any permission from you. This means that you grant us a non-exclusive, transferable, irrevocable, worldwide, fully paid-up, royalty-free, perpetual, sub-licensable licence to use your User Content for any purpose whatsoever.
You waive all moral rights you may have in any User Content. You also grant us the right to authorise the use of User Content, or any portion thereof, by Subscribers and other users in accordance with the terms and conditions of this Agreement, including the rights to feature your User Content specifically on the Service and to allow other Subscribers or users to request access to your User Content, such as for example through an RSS Feed. You agree that you are financially responsible for any claim against us arising from any User Content you create.
8.2.4 We may also remove any User Content for any reason and without notice to you. This includes all materials related to your use of the Service or membership, including email accounts, postings, profiles or other personalised information you have created while on the Service.
9. Contest and Promotions. From time to time, we, our advertisers, Suppliers or other parties may conduct promotions and other activities on, through or in connection with one or more the Services, including, without limitation, contests and sweepstakes (collectively, “Promotions”). In some case, you may be able to win a prize (Prize) as part of a Promotion. Each Promotion may have Additional Terms and/or Rules or eligibility requirements which shall be posted or otherwise made available to you in connection therewith in accordance with applicable law.
10. Third Party Web Sites, Services and Software. Your use of any third party websites, content, data, information, applications, goods, services or materials (collectively, “Third Party Services”) does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on our part or of our affiliates. We do not verify, endorse, or have any responsibility for Third Party Services and any third party business practices (including, without limitation, their privacy policies), whether the Services' or our logo and/or sponsorship identification is on the Third Party Services as part of a co-branding or promotional arrangement or otherwise. Accordingly, we encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each Third Party Service you use.
11. LIMITATIONS OF THE SERVICE. The Service and the Content (including any information we publish regarding Third Party Services) are only for your general information purposes and are not intended to address your particular requirements. In particular, the Content, User Content and any other content provided by third parties and distributed by eFinancial News Limited do not constitute any form of advice, recommendation, representation, endorsement or arrangement by eFinancial News Limited. We do not give tax or investment advice or advocate the purchase or sale of any security or investment. You should always seek the assistance of a professional for tax, financial or investment advice.
We will use reasonable skill and care to develop and provide the Service. eFinancial News Limited does not provide any other promises or warranties about the Service. The Service is provided on an “as is” and “as available” basis. This means that we do not make any promises in respect of the Service or the services and functions available on or through the Service or of the quality, completeness or accuracy of the Content or the information linked to or from the Service other than as expressly stated above. Any information that you obtain through the Service may not be current by the time you read it. Without limiting the above, we are not liable for matters beyond our reasonable control, including third party communications networks (such as your internet service provider), acts of God or the acts of third parties. Any agreements, transactions or other arrangements made between you and any third party named on (or linked to or from) the Service are at your own responsibility and entered into at your own risk.
Except for any liability for death or personal injury directly caused by our negligence, or for fraud, gross negligence or willful misconduct, we will not be responsible for any loss or damage caused by us where: (i) there is no breach of a legal duty of care that we owe you; (ii) it is not a reasonably foreseeable result of any such breach; or (iii) it relates to losses suffered by your business, such as lost profits, lost savings, lost data, or business interruption. These limitations of liability apply for the benefit of eFinancial News Limited, its affiliates, and all of their respective directors, officers, employees, or agents. You agree that our third-party content suppliers have no liability whatsoever to you in respect of any of their content provided to you as part of the Service.
12. General. This Agreement contains the final and entire agreement between us regarding your use of the Service and supersedes all previous and contemporaneous oral or written agreements regarding your use of the Service. This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. No third party is a beneficiary of this Agreement. You agree that this Agreement, as well as any and all claims arising from this Agreement will be governed by and construed in accordance with the laws of the England and Wales, without regard to any conflict or choice of law principles. For all litigation which may be brought with respect to any controversy or claim, arising out of or relating to this Agreement or any relationship between us, the sole jurisdiction and venue for such litigation will be the courts of England and Wales. Our failure to enforce any provision of this Agreement or to respond to a breach by you or other parties of this Agreement shall not in any way waive our rights to subsequently enforce any term or condition of this Agreement. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
13. Additional Terms and Notices. We employ cookie technology. Read the Dow Jones Cookie Policy for more information on our use of cookies.
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