TERMS OF SERVICE
This site is owned and operated by Citywire Financial Publishers Ltd (“Citywire”). Citywire is a company registered in England and Wales (company number 3828440), with registered office at 3 Spring Mews, London, SE11 5AN.
By using or accessing our site or services, including the Citywire Feed, (whether as a guest or a Member) you confirm your agreement to these terms of service (“Terms”). Your use of our site is at all times subject to these Terms (which form a binding contract between Citywire and you). If you do not agree to these Terms, do not use our site. Other terms may also apply to your use of our site and services as set out in a separate agreement between us or between us and your employer.
The Citywire Privacy Policy forms a part of this Agreement and explains how information collected while becoming a Member or, in limited circumstances, whilst using our site as a non-Member, may be used by Citywire and its partners. By using our site, you confirm that you have read the Citywire Privacy Policy and you warrant that all data provided by you is accurate.
1. Terminology
“App” means the Citywire software application from time to time downloadable from a third party app store (whether or not for payment) to enable you to use our site from the device to which the software application is downloaded.
“Citywire”, “we” or “our” – Citywire Financial Publishers Limited.
“Citywire Feed” - any Content downloaded for display on your website in accordance with the licence set out in section 5 below.
“Citywire Privacy Policy” – our privacy policy available at http://www.citywire.co.uk/legal/privacy.aspx. as amended from time to time.
“Content” – All information, data, graphics and services found on our site, including Feed Content.
“Content Standard” – the content standard set out at Clause 8.
“Contribution” – any (i) uploading, editing, modification or submission of material or information to our site that you carry out or cause to be made; and/or (ii) contact that you make or cause to be made through our site with any other user(s) of our site.
“Feed Content” - any headlines, active links or other source identifiers that you specifically select to receive via the Citywire Feed.
“Intellectual Property Rights” means copyright (including rights in databases), know-how, trade secrets, trade marks and other similar rights in each case whether registered or not and as may be exercised in any part of the world.
“Member” - A user of our site that has created an account.
“site” – the sites listed here together with any other sites operated by Citywire or its affiliates
2. Membership.
2.1 Members must protect and keep secret their password at all times and must not allow any third party directly or indirectly to use their membership, username or password.
2.2 You confirm that you are acting in a professional business capacity in entering into these Terms, and are not acting as a consumer.
2.3 You warrant that the registration information you have provided is complete and accurate, including in relation to the identity of the business you have registered on behalf of.
3. The Site.
3.1 Citywire reserves the right to modify, alter, change or withdraw any part of the site, whether temporarily or permanently, with or without notice to you and you confirm that any such modification, alteration, changes or withdrawal by Citywire shall be without any liability to you.
4. Intellectual Property Rights
4.1 Subject to the licence set out in clause 5 you must not copy, reproduce, modify, create derivative works from, transmit, distribute, publish, summarise, adapt, paraphrase or otherwise publicly display any Content or the App without the specific written consent of a director of Citywire. This includes, but is not limited to, the use of Content for any form of news aggregation service or for inclusion in services which summarise articles, the copying of any fund manager data (career histories, profiles, ratings, rankings etc) either manually or by automated means (“scraping”).
4.2 All Intellectual Property Rights in and to our site (including the Content) is owned by Citywire or our third party licensors. No rights are granted to you in relation to such Intellectual Property Rights other than the limited licence rights expressly set out in clause 5.
4.3 Content is protected by copyright laws and treaties around the world. All such rights are reserved. Images and videos used on our websites may come from various third party image libraries. For credit information relating to specific images where not stated, please contact picturedesk@citywire.co.uk
5. Licence
5.1 Subject to the terms of this Agreement, Citywire grants you a non-transferable, non-sublicensable, royalty-free, non-exclusive limited licence to use our site on the following conditions:
(i) you may, subject to clauses 5.3, 5.4 and 5.5,display Feed Content on your website and on other websites in respect of which you have obtained all necessary permissions and authorisations to display Feed Content on;
(ii) you shall not copy, display, reproduce or create derivate works from any Content (other than Feed Content to which clause 5.1(i) applies); and
(ii) nothing in these Terms grants you any right to use Citywire’s logo, brand or trade marks on your Site or elsewhere.
5.2. You must ensure that all Feed Content displayed on any websites pursuant to clause 5.1 has an accreditation to Citywire as follows: “Citywire information is proprietary and confidential to Citywire Financial Publishers Ltd (“Citywire”). It may not be copied. Citywire excludes any liability arising out its use.”
5.3 Unless otherwise specifically agreed in writing by Citywire, you may not directly or indirectly charge users specifically for accessing Feed Content or otherwise commercialise Feed Content. You shall not re-sell or otherwise commercialise the Content in any way (other than the limited rights in relation to Feed Content set out in clause 5.1).
5.4 You must create a functional link back to the Citywire story(ies) summarised by the Feed Content. If you are displaying the Feed Content where a functional link back to Citywire is not possible, you must display on-screen the URL from which the Feed Content can be obtained. You may not directly or indirectly change, edit, add to or produce summaries of or derivative works from Feed Content or any content on the Citywire website nor place any full-story Citywire content in an HTML (or any other markup language) frame-set.
5.5 You may not directly or indirectly suggest any endorsement or approval by Citywire of your website or any non-Citywire entity, product or content or any views expressed within your website or service.
5.6 You acknowledge that Citywire has absolute editorial control over all Content and you accept that Citywire is editorially independent and that the editorial integrity of Content is the sole responsibility of Citywire.
5.7 Should you receive any enquiries which relate to Citywire or the Citywire Content you shall promptly refer such enquiries to Citywire.
5.8 You acknowledge and agree that we own all rights of whatever nature in and to the App. Citywire grants you a non-transferable, non-sublicensable, royalty-free, non-exclusive limited licence to (i) download the App to your device from the app store where it is lawfully held; and (ii) use the App for the purpose of accessing our site on these Terms. You are granted no other rights in relation to the App and all rights not expressly granted are reserved by us. You acknowledge and agree that Citywire has no responsibility for or in relation to the app store from which you downloaded the App and has no obligation to maintain the App. The App is supplied ‘as is’ and neither Citywire nor any anyone else makes any representation, warranty, condition or other commitment (whether express or implied, by statute, common law, collaterally or otherwise) of any kind in relation to the App. Neither Citywire nor anyone else will have any liability of whatever nature (whether in contract, negligence or other tort or otherwise) in relation to the App. You will not reverse engineer, decompile or otherwise endeavour to obtain the source code to the App (save to the extent that you cannot be prohibited from so doing under applicable law).
6. Contributions
6.1 Whenever you make any Contribution you must comply with the Content Standards.
6.2 Subject to these terms of use, Citywire acknowledges and agrees that you retain ownership of all your intellectual property rights to your Contributions, and no intellectual property rights shall be assigned from you to Citywire.
6.3 You grant Citywire a perpetual, royalty-free, non-exclusive, perpetual (which for the avoidance of doubt means continuing after this Agreement), irrevocable, transferable, world-wide licence to use, copy, distribute, display, disclose and sell to third parties any Contribution (in whole or in part) for any purpose. These activities include but are not limited to editing or creating derivative works of any Contribution.
6.4 To the maximum extent permitted by applicable law, you irrevocably and unconditionally waive all moral rights to any Contribution.
6.5 You acknowledge and agree that (i) we have the right to remove or edit any Contribution you make on our services, including modifying and adapting it for operational and editorial reasons, with or without showing or marking that the Contribution has been removed or edited; and (ii) we have the right to disclose your identity to any third party who is claiming that any Contribution constitutes a violation of their intellectual property rights, or of their right to privacy.
6.6 Citywire does not moderate or actively review Contributions. Therefore all Members and visitors to the site should treat any Contributions with caution. You accept (i) that we are not responsible for content of Contributions; (ii) that we do not endorse any of the material contained in them; and (iii) Citywire does not check the accuracy of information supplied by Members in their profiles.
7. Acceptable Use Policy
7.1 You may use our site only for lawful purposes. You may not:
(i) use our site in any way that breaches any applicable local, national or international law or regulation;
(ii) use any materials, data or information which you have obtained from the site in any manner which, in Citywire’s reasonable opinion, is derogatory, damages Citywire’s reputation or takes advantage of it in any way;
(iii) use our site in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
(iv) use our site to send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards;
(v) subject to Clause 5, deep-link to any portion of our site for any purposes without the prior written permission of Citywire;
(vi) perform any automated use of our site, such as, but not limited to, using robots, spiders, scripts to create Contributions, to extract any of the content of our site through such means as ‘screen scraping’, ‘database scraping’ or otherwise;
(vii) violate the restrictions in any robot exclusion headers on this website or bypass or circumvent other measures employed to prevent or limit access to our site;
(viii) use this service as research or support for, or to inform your own or your company’s or employer’s subscription based service, or any subscription based service without obtaining a licence from Citywire in writing, such licence to be on commercial terms agreed by the parties;
(ix) use our site (or any of the Content) for the purpose of building a database or to use this for your own commercial exploitation by its inclusion in your own activities and/or services without obtaining the written approval of Citywire in advance of its publication;
(x) interfere with, disrupt, or create an undue burden on our services or the network or services connected to our site;
(xi) engage in, either directly or indirectly, or encourage others to engage in, click-throughs generated through any manner that could be reasonably interpreted as coercive, incentivised, misleading, malicious, or otherwise fraudulent;
(xii) collect information from our site and incorporate it into your own database or products; or
(xiii) use our services to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
7.2 Use of the Printable Version facility is for private purposes only EXCEPT ONLY In the case of financial intermediaries, wealth managers or other entities or individuals providing investment advice to clients the printable version can be used to aid such services.
8. Content standards
8.1 These content standards apply when you make a Contribution to the site. These content standards apply to each part of any Contribution as well as to its whole.
8.2 Contributions must:
(i) be accurate (where they state facts);
(ii) be genuinely held (where they state opinions); and
(iii) comply with applicable law in the UK and in any country from which they are posted.
8.3 Contributions must not:
(i) infringe or promote infringement of any copyright, database right, trade mark or other intellectual property right of any other person (including, promoting or offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial registration numbers for software programs, rights management information or any type of cracker utilities);
(ii) contain intentionally made false or misleading statements;
(iii) offer to buy, sell or broker an investment;
(iv) violate the rules of the London Stock Exchange or breach insider dealing regulations or confidentiality agreements;
(v) involve commercial activities and/or sales without prior written consent from us such as contests, sweepstakes, group-buying, advertising, or pyramid schemes;
(vi) be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
(vii) contain any material or link to material which:
a. is defamatory of any person;
b. is obscene, vulgar offensive, hateful or inflammatory;
c. is likely to harass, upset, embarrass, alarm or annoy any other person;
d. is threatening, abusive or invade another’s privacy, or likely to cause annoyance, inconvenience or needless anxiety;
e. contains or promotes sexually explicit material or violence;
f. promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; or
g. is likely to deceive any person;
(viii) use invalid or forged headers to disguise the origin of any Contribution, or otherwise misrepresenting yourself or the source of any Contribution;
(ix) use our site to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
(x) be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
(xi) give the impression that they emanate from Citywire or a Citywire employee, administrator or moderator, or another user of our site; or
(xii) advocate, promote or assist any illegal activity.
9. Non-reliance
9.1 You agree that you are responsible for your own investment decisions and that you are responsible for assessing the suitability and accuracy of all information and for obtaining your own advice thereon. You recognise that any information given on our site is not related to your particular circumstances. Circumstances vary and you should seek your own advice on the suitability to them of any investment or investment technique that may be mentioned.
(a) We do not provide, and no Content constitutes, investment advice;
(b) You will not treat or represent Content as investment advice;
(c) We do not recommend or endorse any product;
(d) Content is not intended to address your particular requirements. We are not aware of circumstances specific to you and which could influence which financial products are more or less suitable for you and do not represent that we are aware of any such circumstances. We do not recommend that any particular product is suitable for you;
(e) No Content constitutes or should be interpreted as a solicitation to engage in any investment activity;
(f) Any investment decision made by you is entirely at your own risk;
(g) Subject to paragraph 11, we shall not be liable for any losses, cost or expenses which may be incurred by you as a result of any investment made;
(h) 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;
(i) Whilst we try to ensure the Content is accurate and up to date, we cannot be responsible for any inaccuracies in Content. We are under no responsibility to provide you with access to any additional information or to update the site, even if inaccuracies become apparent.
9.2 The fund manager performance analyses and ratings provided on this website are the opinions of Citywire as at the date they are expressed and are not recommendations to purchase, hold or sell any investment or to make any investment decisions. Citywire’s opinions and analyses do not address the suitability of any investment for any specific purposes or requirements and should not be relied upon as the basis for any investment decision.
9.3 Persons who do not have professional experience in participating in unregulated collective investment schemes should not rely on material relating to such schemes.
9.4 Past performance of investments is not necessarily a guide to future performance. Prices of investments may fall as well as rise.
9.5 Persons associated with or employed by Citywire may hold positions or take positions in investments referred to in this publication.
9.6 Citywire operates a policy of independence in relation to matters where the operators may have a material interest or conflict of interest.
10. Limited Warranty
10.1 Citywire will use reasonable endeavours to maintain the site. You will not be eligible for any compensation because you cannot use any part of the site or for any failure of the site as a result of an event beyond Citywire’s reasonable control.
10.2 Neither Citywire nor its employees assume any responsibility or liability for the accuracy, completeness or availability of the information contained on our site.
10.3 Neither Citywire nor anyone else makes any representation, warranty, condition or other commitment of whatever nature in relation to any information obtained by you through use of this Site. You acknowledge and agree that any information that you receive through use of the site is provided “as is” and “as available” basis without representation or endorsement of any kind and is obtained at your own risk.
10.4 You agree that you are solely responsible for any damage to your computer system and/or loss or damage to your data files through use of this Site or by the use of links on the site to external information.
10.5 To the maximum extent permitted by law, Citywire excludes all representations, warranties, conditions or other terms, whether express or implied (by statute, common law, collaterally or otherwise) in relation to the site or otherwise in relation to any Content or Feed, including without limitation as to satisfactory quality, fitness for particular purpose, non-infringement, compatibility, accuracy, or completeness.
11. Liability.
To the maximum extent permitted by law, Citywire will not be liable in contract, tort (including negligence) or otherwise for any liability, damage or loss (whether direct, indirect, consequential, special or otherwise) incurred or suffered by you or any third party in connection with our site, or in connection with the use, inability to use, or results of the use of our site, any websites linked to it or any materials posted on it or otherwise in relation to any Content or Feed. Citywire does not limit liability for fraudulent misrepresentation or for death or personal injury arising from Citywire’s negligence.
12. Changes to our Terms.
Citywire may change the Terms from time to time. Any such changes will be incorporated on our site. Changes will take effect 30 days after notification. Your continued use of any part of the site following such change shall be deemed to be your acceptance of such amended Terms. You acknowledge that you are solely responsible for checking these Terms from time to time to see the changes which have been made to these Terms. If you do not accept any such changes you should stop using our site.
13. Breaches and Termination
13.1 You agree that Citywire may terminate your membership or the agreement constituted by these Terms (as Citywire may choose) and restrict your access to the site (or part thereof) without prejudice to any other rights or remedies that Citywire may have if Citywire is of the reasonable opinion that you have breached these Terms or acted inconsistently with the spirit of these Terms.
13.2 You agree to indemnify Citywire against any and all actions, claims, costs, proceedings, losses, damages or liabilities arising from your use of the site (including without limitation Contributions) and/or in relation to any information or data you use or access by means of the site.
13.3 You acknowledge that a breach of these Terms may give rise to civil damages and criminal penalties. Citywire reserve the right to take action against you to uphold these Terms and its rights, which may involve pursuing injunctive proceedings.
14. Jurisdiction.
The agreement constituted by these Terms is governed by and shall be construed in accordance with the laws of England and you hereby submit to the exclusive jurisdiction of the English courts in the event of any dispute in connection with the site or these Terms.