TERMS OF USE
PLEASE READ THESE TERMS OF USE CAREFULLY
DISCLAIMER: ALL DATA PROVIDED AS IS, WITH NO WARRANTIES. All rights reserved.
Data may not be reproduced or redistributed in any form, except as expressly authorized by Markit Group Limited.
The following terms and conditions (the "Terms of Use") and the terms and
conditions set forth in the Markit Hub Technology End User License Agreement
(the "EULA") collectively govern
your use of www.hub.com and any subdomains thereof (the "Markit Hub Site")
the Markit Hub Financial Research iPad app (the “iPad App”),
and the Markit services and applications provided by Markit through its Markit
Hub service (such as, without limitation, Markit's single sign-on service,
interactive banner(s), and search tools)
(collectively, the "Markit Hub Service"). The Markit Hub Site, iPad App and the Markit Hub
Service are made available by Markit North America, Inc. and/or its affiliates,
successors and assigns ("Markit" or "we" or "us").
We may change these Terms of Use from time to time, by posting such changes on the Markit
Hub Site, and such changes will be effective upon any further use of the Markit
Hub Site, iPad App or Markit Hub Service.
BY USING THE MARKIT HUB SITE, IPAD APP AND/OR THE MARKIT HUB SERVICE, YOU ACCEPT AND AGREE TO BE
BOUND BY THESE TERMS OF USE AND THE EULA AS APPLIED TO YOUR USE OF THE MARKIT
HUB SITE, IPAD APP AND MARKIT HUB SERVICE. If you do not agree to these Terms of Use,
please do not access or otherwise use the MARKIT Site, IPAD APP OR Markit HUB SERVICE.
1. Proprietary Rights. As between you and Markit, and except for
your Submitted Materials (as defined in Section 5 below), Markit owns or has
rights to, all right, title and interest in and to the Markit Hub Site, iPad App, the
Markit Hub Service and all the content, software, code, data and other
materials thereon (collectively, the "Site Content"), the look and feel, design and organization of the Markit Hub
Site, iPad App and the Markit Hub Service, and the compilation of the Site Content,
including but not limited to any copyrights, trademark rights, patent rights
and other intellectual property and proprietary rights therein. Your use of the Markit Hub Site, iPad App and/or the
Markit Hub Service does not grant to you ownership or title of, in or to any
Site Content or any other part of the Markit Hub Site, iPad App or Markit Hub Service.
2. Limited License. Subject to the terms and conditions set forth in these Terms of Use, Markit
grants you a non-exclusive, non-transferable, limited license to access, view
use and display the Markit Hub Site, iPad App and Markit Hub Service on your computer or
other Internet-capable device in connection with your employment, provided that
you comply fully with these Terms of Use and the EULA. Any other use, including distribution,
publishing, creating derivative works, copying or other exploitation of the Markit Hub Site, iPad App, the Markit Hub Service, or any Site Content or data or information
accessible via the Markit Hub Site, iPad App and/or the Markit Hub Service, is not
allowed. You may not block, disable, remove or obscure any copyright or other notices or legends contained in or
associated with the Markit Hub Site, iPad App or Markit Hub Service. The Markit Hub Site, iPad App and/or the Markit Hub
Service may enable you may access websites of third party content providers
that you are authorized to access as a result of your agreements (or those of
your employer) with such providers ("Third Party Content Providers"). Your
access of any Third Party Content Provider websites shall be subject to the terms
or use/service of such Third Party Service Providers and all terms and conditions
of all agreements between you (or your employer) and the Third Party Content Providers
whose websites you access through the Markit Hub Site, iPad App or the Markit Hub Service.
MARKIT IS NOT RESPONSIBLE FOR THE ACCURACY OR
COMPLETENESS OF ANY CONTENT OR DATA PROVIDED BY THIRD PARTY CONTENT PROVIDERS,
AND MARKIT IS NOT RESPONSIBLE FOR ANY ERRORS, OMISSIONS, TECHNICAL PROBLEMS,
DOWNTIME OR ANY OTHER ACTIVITIES OR MALFUNCTIONS ON ANY THIRD PARTY CONTENT PROVIDER'S
WEBSITE, IRRESPECTIVE OF WHETHER SUCH THIRD PARTY CONTENT PROVIDER'S WEBSITE IS
ACCESSED VIA THE MARKIT HUB SITE, IPAD APP OR A MARKIT HUB SERVICE OR RESULTING FROM YOUR
ACCESS AND USE THEREOF.
3. Trademarks. The trademarks, logos, service marks and trade names that may be
displayed on the Markit Hub Site, iPad App and Markit Hub Service are registered and
unregistered trademarks of Markit and other persons (collectively, the "Trademarks"), and may not be used
unless authorized by the respective Trademark owner. Nothing contained on the Markit Hub Site, iPad App or
Markit Hub Service should be construed as granting, by implication, estoppel,
or otherwise, any license or right to use any Trademark displayed on the Markit Hub Site, iPad App or Markit Hub Service without the respective Trademark owner's written
permission.
4. User Accounts. Markit's information collection and use
policies with respect to user information collected in connection with your use
of the Markit Hub Site, iPad App and Markit Hub Service are set forth in the Markit Hub
Site's Privacy Policy which is incorporated herein
by reference for all purposes. You agree
to provide only true, accurate, current and complete information, and you
accept all responsibility for all activities that occur under your account or
password. You should not sell, transfer nor
assign your account or allow others to use it, and you are responsible for
maintaining the confidentiality of your user name and password. Markit reserves the right, in its sole
discretion and without notice to you, to terminate your account and/or to
restrict your access to all or part of the Markit Hub Site, iPad App and/or Markit Hub
Service for any reason, including without limitation for extended periods of
inactivity.
5. Submitted Materials. Unless specifically requested, Markit does
not solicit, nor does Markit wish to receive, any confidential, secret or
proprietary information or other material from you through the Markit Hub Site, iPad App
or Markit Hub Service, by e-mail or in any other way. Any information, proposals, requests, creative
works, trading strategies, pictures, documents, demos, ideas, suggestions,
concepts, methods, systems, designs, plans, techniques or other materials
submitted or sent on or through the Markit Hub Site, iPad App or Markit Hub Service in
any manner (collectively, "Submitted Materials") will be deemed not to be confidential or secret, and may be
used by Markit in any manner consistent with these Terms of Use and the Markit
Hub Site's Privacy Policy.
By submitting Submitted Materials on the Markit Hub Site, iPad App or Markit Hub Service,
you: (i) represent and warrant that either (A) your Submitted Materials are
original to you and that no other party has any rights thereto or (B) that you
have the necessary licenses, rights, consents and permissions to use such Submitted
Materials and submit them to the Markit Hub Site, iPad App or Markit Hub Service for Markit's
use in accordance with these Terms of Use and the purposes described on the Markit Hub Site, iPad App or Markit Hub Service, and that any "moral rights" in the Submitted
Materials have been waived; and (ii) you grant to Markit (and its affiliates) a
royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive
and fully transferable, assignable and sublicensable right and license to use,
copy, reproduce, modify, adapt, publish, translate, create derivative works
from, distribute, perform, display, make, sell and export such material (in
whole or part) and/or to incorporate it (in whole or in part) in other works
(including, without limitation, the Markit Hub Site, iPad App or Markit Hub Service),
products or services in any form, media, or technology now known or later
developed. Markit cannot be responsible
for maintaining any Submitted Material that you provide to Markit or on or
through any Markit Site, iPad App or Markit Hub
Service, and Markit may delete or destroy any such Submitted Material at any
time.
6. Rules of Conduct. While accessing or using the Markit Hub Site, iPad App
and/or the Markit Hub Service, in addition to any other supplementary terms and
conditions that may be posted or otherwise made available in connection with
particular areas or features of the Markit Hub Site, iPad App or Markit Hub Service, you
agree that you shall not:
- impersonate any person or entity or misrepresent your affiliation with any other person or entity;
- insert your own or a
third party's advertising, branding or other promotional content
(including, without limitation, hyperlinks) into any of the Site or iPad App Content
or Markit Hub Service or into any of your Submitted Materials;
- alter, edit, delete, remove, fail to display, otherwise change the meaning or appearance of, or
repurpose any of the Site Content, including, without limitation, any Trademarks
or any other proprietary content or proprietary rights notices included therein
or thereon;
- obtain or attempt to gain unauthorized access to other computer systems, materials, information
or any services available on or through the Markit Hub Site, iPad App or Markit Hub
Service through any means, including through means not intentionally made
publicly available or provided for through the Markit Hub Site, iPad App or Markit
Hub Service;
- engage in spidering,
"screen scraping," "database scraping," harvesting of e-mail addresses or
other personal information, or any other automatic or unauthorized means
of accessing, logging-in or registering on the Markit Hub Site, iPad App or Markit
Hub Service, or obtaining lists of users or other information from or
through the Markit Hub Site, iPad App or Markit Hub Service, including, without
limitation, any information residing on any server or database connected
to the Markit Hub Site, iPad App or Markit Hub Service;
- use the Markit Hub Site, iPad App or Markit Hub Service in any manner that could interrupt, damage,
disable, overburden or impair the Markit Hub Site, iPad App or Markit Hub Service or
interfere with any other party's use and enjoyment of the Markit Hub Site, iPad App
or Markit Hub Service, such as sending mass unsolicited messages or
"flooding" servers with requests;
- circumvent, reverse
engineer, decrypt, or otherwise alter or interfere with (or attempt,
encourage or support any one else's attempt to do any of the foregoing)
the Markit Hub Site, iPad App or Markit Hub Service.
- create any
unauthorized links from the Markit Hub Site or iPad App directed to websites or
content owned or maintained by third parties;
- frame any third-party
sites or content, in any manner that would constitute or could be
interpreted as an endorsement or sponsorship by Markit of any third party
site, content, information or other materials, or in any manner that would
violate the terms and conditions of any such third party sites;
- upload, post,
transmit, distribute or otherwise publish to, on or through the Markit Hub Site, iPad App or Markit Hub Service, any information or materials which are false,
fraudulent, misleading, unlawful, threatening, abusive, harassing,
hateful, racially, ethnically or otherwise objectionable, libelous,
defamatory, obscene, vulgar, offensive, pornographic, profane, sexually
explicit or indecent, including without limitation, any material which
encourages conduct that would constitute a criminal offense, give rise to civil
liability or otherwise violate any local, state, national or international
law;
- use the Markit Hub Site, iPad App or Markit Hub Service or the Site Content to violate, plagiarize or
infringe the rights of third parties, including without limitation,
copyright, trademark, trade secret, confidentiality, contract, patent,
rights of privacy or rights of publicity or any other proprietary or legal
right;
- upload, post, publish, distribute or otherwise transmit any
information or material which constitutes or contains a virus, spyware, or
other harmful component, or which contains any embedded links,
advertising, chain letters or pyramid schemes of any kind; or
- use the Markit Hub Site, iPad App or Markit Hub Service or the Site Content,
in whole or in part, in violation of any applicable law including in any
manner that would violate any regulation of the United States Securities
and Exchange Commission, the NASD or any other regulatory agency or
rulemaking body in any relevant jurisdiction, or any regulation of any
stock exchange, including but not limited to the New York Stock Exchange
or the American Stock Exchange.
- use the Markit Hub Site, iPad App or Markit Hub Service or the Site Content
in the course of any litigation proceedings, to transmit any material,
nonpublic information about a company, individual, or security, to
knowingly transmit false or misleading statements, or to transmit,
anything which unlawfully manipulates, or could unlawfully manipulate, the
market for any security.
8. Interactive Services. The Markit Hub Site, iPad App and
Markit Hub Service may include certain features that allow users to interact
and communicate with each other and/or with the general public (such as messaging services, chat services, bulletin boards, message boards,
blogs and other similar interactive services, areas and services)
(collectively, the "Interactive Services"). All of the terms and conditions set forth in
these Terms of Use are applicable to your use of the Interactive Services. It is important to remember that content submitted
to an Interactive Service may be recorded and stored in multiple places, including
on the Markit Hub Site, iPad App, the Markit Hub Service and elsewhere on the Internet,
and you may have no control over who will access or view them eventually.
Therefore, you should be careful and selective about the information that you
choose to disclose in such Interactive Services and on the Markit Hub Site, iPad App
and/or through the Markit Hub Service in general about yourself and others, and
in particular, you should not disclose any sensitive, personally identifiable,
proprietary or confidential information in your submissions to the Interactive
Services.
9. Right to Monitor and Editorial Control. Markit reserves the right (but does not have
nor assume any obligation) to monitor and/or review all information and
materials posted or otherwise submitted to the Markit Hub Site, iPad App and/or Markit
Hub Service (including, without limitation, the Interactive Services). Markit is not responsible for any such
materials. However, Markit shall have
the right at all times to disclose any information as necessary to satisfy any
law, regulation or government request, or to edit, refuse to post or to remove
any information or materials, in whole or in part, that in Markit's sole
discretion, are objectionable or in violation of these Terms of Use, Markit's
policies or applicable law.
10. Indemnification. You agree to defend, indemnify and hold Markit and its affiliates and
their directors, officers, employees and agents harmless from any and all
claims, liabilities, costs and expenses, including reasonable attorneys' fees,
arising in any way from (i) your use of the Markit Hub Site, iPad App and/or Markit Hub
Service, (ii) your Submitted Materials, in whole or in part, or (iii) your
breach or violation of the law or these Terms of Use. Markit reserves the right, at its own
expense, to assume the exclusive defense and control of any matter otherwise
subject to indemnification by you, and in such case, you agree to cooperate
with any such defense.
11. Linking to the Markit Hub Site. You agree that, without
the prior express permission of Markit: (a) if you include a link from any
other website to the Markit Hub Site, such link shall open in a new browser
window and shall link to the home page of the Markit Hub Site; (b) you are not
permitted to link directly to any image hosted on the Markit Hub Site, such as
using an "in-line" linking method to cause the image hosted by us to be displayed
on another website; and (c) you may not link from any other website to the Markit
Hub Site in any manner such that the Markit Hub Site, or any page of the Markit
Hub Site, is "framed," surrounded or obfuscated by any third party content,
materials or branding. The posting or
creation of a link to any Markit Hub Site signifies that you have read the
restrictions described herein and agree to abide by their terms. Markit may, in its sole discretion, insist
that any link to the Markit Hub Site be discontinued, and Markit may revoke
your right to link to the Markit Hub Site from any other website at any time
upon written notice to you.
12. Third Party Web Sites. You may be able to link from the Markit Hub Site or iPad App to third party web sites, including, but not limited to the sites owned or
controlled by the Third Party Content Providers, and third party web sites may
link to the Markit Hub Site ("Linked Sites"). You acknowledge and agree
that Markit has no responsibility for any information, content, advertising,
products, services or other materials on any Linked Sites, and that links to
Linked Sites do not necessarily constitute an endorsement, approval or
sponsorship thereof by Markit. If you choose to rely on any Linked Site or
information contained thereon, you are doing so at your own risk and you assume
all responsibilities and consequences resulting from such choice.
13. DISCLAIMER OF WARRANTIES. THE MARKIT HUB SITE, IPAD APP AND MARKIT HUB SERVICE,
INCLUDING, WITHOUT LIMITATION, ALL INTERACTIVE SERVICES, CONTENT, FUNCTIONS,
DOWNLOADS AND MATERIALS, ARE PROVIDED "AS IS," "AS AVAILABLE,"
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES,
UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY,
ACCURACY, USEFULNESS, CORRECTNESS, PRECISION, THOROUGHNESS, COMPLETENESS OR
CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND MARKIT HEREBY
DISCLAIMS ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. MARKIT DOES NOT WARRANT THAT THE MARKIT HUB SITE, IPAD APP OR MARKIT HUB SERVICE, THE INTERACTIVE SERVICES OR THE SITE CONTENT WILL
BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE
CORRECTED IN A TIMELY MANNER OR AT ALL. MARKIT
MAKES NO WARRANTY THAT THE MARKIT HUB SITE, IPAD APP AND MARKIT HUB SERVICE, IN WHOLE OR IN PART, WILL MEET
USERS' REQUIREMENTS. NO ADVICE, RESULTS
OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MARKIT , OR FROM
OR THROUGH THE MARKIT HUB SITE, IPAD APP OR MARKIT HUB SERVICE, SHALL CREATE ANY WARRANTY
NOT EXPRESSLY MADE HEREIN. MARKIT ALSO
ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR
VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT
OF YOUR ACCESS TO, USE OF, OR BROWSING OF THE MARKIT HUB SITE, IPAD APP OR THE MARKIT HUB
SERVICE OR YOUR DOWNLOADING OR UPLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES,
VIDEO, OR AUDIO FROM THE MARKIT HUB SITE, IPAD APP OR MARKIT HUB SERVICE. IF YOU ARE DISSATISFIED WITH THE MARKIT HUB SITE, IPAD APP OR MARKIT HUB SERVICE, YOU SHOULD DISCONTINUE USING THE MARKIT HUB SITE, IPAD APP
AND/OR MARKIT HUB SERVICE. MARKIT DOES
NOT NECESSARILY ENDORSE, SUPPORT, SANCTION, ENCOURAGE OR AGREE WITH ANY SITE
CONTENT OR ANY SUBMITTED MATERIALS, OR ANY OPINION, RECOMMENDATION, CONTENT,
LINK, DATA OR ADVICE EXPRESSED OR IMPLIED THEREIN, AND MARKIT EXPRESSLY
DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH SUBMITTED MATERIALS AND ANY
OTHER CONTENT, MATERIALS OR INFORMATION AVAILABLE ON OR THROUGH THE MARKIT HUB SITE, IPAD APP AND MARKIT HUB SERVICE CREATED OR PROVIDED BY USERS, PROVIDERS OR OTHER
THIRD PARTIES. USE OF THE MARKIT HUB SITE, IPAD APP, THE MARKIT HUB SERVICE, CREATION OF AN ACCOUNT OR THE SUBMISSION OF ANY
SUBMITTED MATERIALS DOES NOT GUARANTEE ACCEPTANCE OR USE THEREOF.
WITHOUT LIMITATION OF THE ABOVE
IN THIS SECTION, MARKIT AND ITS AFFILIATES, SUPPLIERS, THIRD PARTY CONTENT
PROVIDERS OR OTHER PROVIDERS, AND LICENSORS MAKE NO WARRANTIES OR
REPRESENTATIONS REGARDING ANY SERVICES PROVIDED VIA THE MARKIT HUB SITE, IPAD APP OR
MARKIT HUB SERVICE, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL
WARRANTIES AND REPRESENTATIONS MADE IN SERVICES LITERATURE, FREQUENTLY ASKED
QUESTIONS DOCUMENTS AND OTHERWISE ON THE MARKIT HUB SITE, IPAD APP, THE MARKIT HUB
SERVICE OR IN CORRESPONDENCE WITH MARKIT OR ITS AGENTS.
14. LIMITATION OF LIABILITY. IN NO EVENT, INCLUDING BUT NOT LIMITED TO
NEGLIGENCE, SHALL MARKIT, OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS
OR CONTENT OR SERVICE PROVIDERS, INCLUDING THIRD PARTY CONTENT PROVIDERS
(COLLECTIVELY, THE "PROTECTED ENTITIES")
BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL,
EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED
TO, THE USE OF, OR THE INABILITY TO USE, THE MARKIT HUB SITE, IPAD APP, MARKIT HUB
SERVICE OR THE CONTENT, MATERIALS AND FUNCTIONS OF OR RELATED THERETO, YOUR
PROVISION OF INFORMATION OR CONTENT VIA THE MARKIT HUB SITE, IPAD APP OR MARKIT HUB
SERVICE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY
NOT APPLY TO CERTAIN USERS. IN NO EVENT
SHALL THE PROTECTED ENTITIES BE RESPONSIBLE OR LIABLE FOR OR IN CONNECTION WITH
ANY DISPUTE BETWEEN OR AMONGST USERS OF THE MARKIT HUB SITE, IPAD APP OR MARKIT HUB
SERVICE, OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR
RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE MARKIT HUB SITE, IPAD APP OR MARKIT HUB SERVICE.
15. Termination. Markit may terminate, change, suspend or
discontinue any aspect of the Markit Hub Site, iPad App and/or Markit Hub Service at any
time. Markit may impose limits on
certain features, restrict, suspend or terminate your access to the Markit Hub Site, iPad App and/or Markit Hub Service or any part thereof if we believe you are in
breach of the these Terms of Use, the EULA or applicable law, or for any other
reason without notice or liability.
16. Copyright. We respect the intellectual property rights
of others, and require that the people who use the Markit Hub Site, iPad App and Markit
Hub Service do the same. If you believe that your work has been copied in a way that
constitutes copyright infringement, please forward the following
information to Markit's Copyright Agent, designated as such pursuant to the
Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2) (the "DMCA"), named below:
- Your address, telephone number, and email
address;
- A description of the copyrighted work that you
claim has been infringed;
- A description of where the alleged infringing
material is located;
- A statement by you that you have a good faith
belief that the disputed use is not authorized by the copyright owner, its
agent, or the law;
- An electronic or physical signature of the
person authorized to act on behalf of the owner of the copyright interest;
and
- A statement by you, made under penalty of
perjury, that the above information in your Notice is accurate and that
you are the copyright owner or authorized to act on the copyright owner's
behalf.
Copyright Agent:
Markit North America, Inc.
620 8th Avenue, 35th Floor
New York, NY 10018
Attention: Legal Department
17. Miscellaneous. These Terms of Use and the relationship between you and Markit shall be governed by the laws of the United States and the
State
of New York, without regard to its conflict of law provisions. You agree that any cause of action that may arise under the Terms of Use shall
be commenced and be heard in the appropriate court in the State of New York, County of New York. You hereby irrevocably to submit to the personal
and exclusive jurisdiction of the courts located within New York County in the State of New York. Markit's failure to exercise or enforce any
right or provision of the Terms of Use shall not constitute a waiver of such right or provision.
If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid,
the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions
as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.
Effective Date: 13 December 2014