Terms of Use

Last Modified: June 7, 2019

Welcome to Global Financial Data!

PLEASE READ ALL OF THE FOLLOWING TERMS AND CONDITIONS OF SERVICE FOR THIS WEB SITE (“TOS”) BEFORE USING THIS SITE.

These TOS set forth the legal terms and conditions governing your use of our website located at www.globalfinancialdata.com and any other online and mobile websites, blogs and interactive applications operated by Global Financial Data, Incorporated (“GFD”) (unless a different policy is provided on a particular site, application or service, in which case such different policy shall govern and control). GFD reserves the right to amend, remove, or add to the TOS at any time. Such modifications shall be effective immediately. Accordingly, please continue to review the TOS whenever accessing, linking to, or using this site. Your access, link to, or use of the site, or any service on this site, after the posting of modifications to the TOS will constitute YOUR ACCEPTANCE OF THE TOS, as modified. If, at any time, you do not wish to accept the TOS, you may not access, link to, or use the site. Any terms and conditions proposed by you which are in addition to or which conflict with the TOS are expressly rejected by GFD and shall be of no force or effect.

Statement of Rights and Responsibilities

This Statement of Rights and Responsibilities (“Statement,” “Terms,” or “SRR”) is our terms of service that governs our relationship with users who interact with GFD’s data and search engines which we call the “Services”. By using or accessing the Services, you agree to this Statement, as updated from time to time.

Intellectual Property
The websites, and all of the content they contain, or may in the future contain, including but not limited to data, text, content, photographs, video, audio and graphics, goods, designs, information, applications, software, articles, directories, guides, photographs as well as the trademarks, service marks, trade names, trade dress, copyrights, logos, domain names, code, patents and/or any other form of intellectual property (collectively, the “Service”) that relates to this site, are owned by or licensed by GFD or other third parties and are protected from any unauthorized use, copying and dissemination by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. The Service is also protected as a collective work or compilation under U.S. copyright and other laws and treaties. All individual articles, columns and other elements making up the Service are also copyrighted works. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Service. You acknowledge that the Service has been developed, compiled, prepared, revised, selected, and arranged by GFD through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of GFD. You agree to protect the proprietary rights of GFD having rights in the Service during and after the term of this agreement and to comply with all reasonable written requests made by GFD or its suppliers and licensors of content, equipment, or otherwise (“Suppliers”) to protect their and others’ contractual, statutory, and common law rights in the Service. You agree to notify GFD in writing promptly upon becoming aware of any unauthorized access or use of the Service by any individual or entity or of any claim that the Service infringes upon any copyright, trademark, or other contractual, statutory, or common law rights. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Service (the “Intellectual Property Rights”) shall, as between you and GFD, at all times be and remain the sole and exclusive property of GFD. All present and future rights in and title to the Service (including the right to exploit the Service and any portions of the Service over any present or future technology) are reserved to GFD for its exclusive use. Except as specifically permitted by the TOS, you may not copy or make any use of the Service or any portion thereof. Except as specifically permitted herein, you shall not use the Intellectual Property Rights or the Service, or the names of any individual participant in, or contributor to, the Service, or any variations or derivatives thereof, for any purpose, without GFD’s prior written approval.

Registration
As part of the registration and account creation process necessary to obtain access to certain portions of the Service, including those portions that require a fee or payment for access, you will select a username and a password as well as geographical information about yourself. You will provide GFD with certain registration information, all of which must be accurate, truthful, and updated. You shall not: (i) select a username already used by another person; (ii) create an account for anyone other than yourself without permission; (iii) use a username in which another person has rights without such person’s authorization; or (iv) use a username or password that GFD, in its sole discretion, deems offensive or inappropriate. GFD reserves the right to deny creation of your account based on GFD’s inability to verify the authenticity of your registration information. You shall be solely responsible for maintaining the confidentiality of your password. You shall immediately notify GFD of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your information, including your password. You are fully responsible for all usage and activity on your account, including, but not limited to, use of the account by any third party authorized by you to use your username and password. You agree you will not sell, transfer or assign your account to any other person, nor allow them permission to access our Services through your account. If the computer system on which you accessed the Service is sold or transferred to another party, you warrant and represent that you will delete all cookies and software files obtained by or through use of the Service. GFD reserves the right to terminate your account, in its sole discretion, at any time without notice. If we disable your account, you agree that you will not create another one without our permission. You may terminate your account at any time by contacting us. You, or the organization to which you are affiliated and licensed under, are responsible for all charges incurred up to the time the account is terminated. Notwithstanding anything else herein, GFD reserves the right to pursue any and all claims against any user of your account. You agree to maintain only one account with the Service at any time and certify that you currently have no other account(s) with the Service.

You may neither interfere with nor attempt to interfere with nor otherwise disrupt the proper working of the Service, any activities conducted on or through the Service or any servers or networks connected to the Service. You may neither obtain nor attempt to obtain through any means any materials or information on the Service that have not been intentionally made available either by public display on the Service or through accessibility by a visible link on the Service. You shall not violate the security of the Service or attempt to gain unauthorized access to the Service, data, source data and dictionaries, materials, information, computer systems or networks connected to any server associated with the Service, through hacking, password timing or any other means. You may neither take nor attempt any action that, in the sole discretion of GFD, imposes or may impose an unreasonable or disproportionately large load or burden on the Service or the infrastructure of the Service. You shall not use or attempt to use any “scraper,” “robot,” “bot,” “spider,” “data mining,” “computer code,” or any other automate device, program, tool, algorithm, process or methodology to access, acquire, copy, or monitor any portion of the Service, any data or content found on or accessed through the Service, or any other Service information without the prior express written consent of GFD. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any other content.

Restriction on Export
You acknowledge that GFD has placed limits and thresholds on the amount of data you may consume from the Services at any given time. You can view those limits and thresholds under your account tab in your profile page.

ICE Data
ICE Data (“Ice Data”) is incorporated and made part of the GFDIndices, US Stocks, and/or UK Stocks Database. If you access is accessing the GFDIndices, US Stocks, and/or UK Stocks Database as part of the Services, the terms listed under the ICE Data Terms and Conditions section shall apply to you.

SEDOL
If the Services you receive include access to data located in the UK Stocks Database, you will have access to the Stock Exchange Daily Official List (“SEDOLs”) provided from the London Stock Exchange (the “LSE”). The LSE requires all entities, including private persons, who have access to the SEDOLs maintain a license directly with the LSE. GFD is prohibited from providing you access to SEDOL data until we have confirmed you have obtained a license for SEDOL data from the LSE.

Audits
GFD may audit you: with reasonable prior written notice, during normal business hours, and subject to reasonable security measures, protocols, procedures, and policies, GFD shall have the right to have its auditors conduct an audit to determine compliance. You shall reasonably cooperate and assist with GFD’s auditors. Any such audit shall be conducted by an independent accounting firm. The firm conducting the audit may only disclose to GFD information directly relating to compliance with these Terms of Service and/or any other binding documents you have entered into surrounding your use of GFD’s Services and shall keep all other information obtained in connection with the audit strictly confidential. GFD shall bear all costs and expenses incurred with the audit.

Declaration of Use
GFD may request you complete a Declaration of Use, which shall be certified under penalty of perjury. You shall use your best efforts to complete the Declaration of Use accurately and truthfully and shall complete and return a signed copy of the Declaration of Use to GFD at its notice address within thirty (30) days from the date of receipt. You acknowledge and agree that e-mail is an acceptable means of providing the Declaration of Use.

Proprietary Rights
All worldwide right, title and interest, including, without limitation, all patents, copyrights, trademarks, trade names, goodwill, trade secrets, contract and licensing rights, and all other intellectual and proprietary rights of any kind as may exist now or hereafter come into existence (“Intellectual Property Rights”) in and to the data, database, and/or Services, and any and all updates, upgrades, new versions and modifications thereto, shall remain in GFD.

Confidentiality
Depending on your subscription to the Services, you may be exposed to certain confidential and proprietary information of GFD (“Confidential Information”). Confidential Information includes the methodologies, source data, data and Databases, software and analytical tools, and all information disclosed to you that is labeled as proprietary or confidential, or which under the circumstances surrounding its disclosure can reasonably be deemed to be Confidential Information. All Confidential Information shall remain the property of GFD, and you shall acquire no interest therein.

You shall not in any way disclose or disseminate Confidential Information to any third party, and shall only use Confidential Information to the extent necessary to use the Licensed Products in accordance with the terms and conditions of these Terms of Use.

Reservation of Rights
GFD may: (1) modify the fees you or your organization pays, but only after the expiration of the initial term agreed upon by you or your organization to which you are licensed under and upon at least ninety (90) days’ notice before the end of any other then current term; (2) modify, add or delete certain portions of the Service on no less than ninety (90) days written notice; (3) change or modify the format, medium, or means of access to or delivery of the Service.

Warranty Disclaimers
THE LICENSED PRODUCTS ARE PROVIDED “AS-IS” AND GFD MAKES NO, AND HEREBY DISCLAIMS ANY, WARRANTIES, EXPRESS, IMPLIED AND STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. YOU ACKNOWLEDGE AND AGREE THAT NO SOFTWARE OPERATES ERROR-FREE AND THAT GFD DOES NOT WARRANT THAT THE LICENSED PRODUCTS AND ALL OTHER COMPONENTS OF THE LICENSED PRODUCTS WILL OPERATE WITHOUT ERROR AND INTERRUPTIONS.

THE FLOW OF DATA TO AND FROM THE LICENSED PRODUCTS VIA THE INTERNET AND WIRELESS BANDWIDTH IS CONTROLLED BY THIRD PARTY SERVICE PROVIDERS OVER WHOM GFD HAS NO CONTROL. GFD SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR INTERRUPTIONS IN YOUR ACCESS TO THE LICENSED PRODUCTS DUE TO DISRUPTIONS IN YOUR INTERNET OR WIRELESS SERVICES.

Limitation of Liability
IN NO EVENT WILL GFD BE LIABLE TO YOU, OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFITS OR DATA, BUSINESS INTERRUPTION OR OTHER PECUNIARY LOSS) ARISING FROM OR RELATED TO THE CUSTOMER LICENSE, TERMS OF USE, OR THE USE OF, OR INABILITY TO USE THE LICENSED PRODUCTS, REGARDLESS OF THE THEORY OF LIABILITY, OR WHETHER EITHER OF US HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Discontinuation
GFD reserves the right to suspend or discontinue your individual access to or use of any GFD Sites at any time, without notice, if GFD determines you have breached these Terms of Use, violated any law or engaged in any inappropriate conduct, or if your institution has cancelled or suspended their subscription to the Services. GFD will not be liable to you for any such suspension or discontinuation.

Changes to these Terms of Use
GFD may change these Terms of Use at any time upon notice to you, and such change will automatically be effective upon such notice and the posting of the new Terms of Use at the applicable GFD Sites. Any access or use of a GFD Site by you after such notice and posting will indicate your assent to the new Terms of Use.

Governing Law
The validity, construction, interpretation, and performance of these Terms of Use shall be governed by and construed in accordance with the domestic laws of the State of California. You and GFD hereto hereby submit to the exclusive jurisdiction of any state or federal court sitting in Orange County, California for the purpose of any suit or action arising out of or relating to these Terms of Use brought by any party.

ICE DATA TERMS AND CONDITIONS

In the event our Services to you include data from the US Stocks, GFDIndices, and/or UK Stocks Database, then the following additional terms and conditions shall apply to your use of the Services.

Restriction of Indices
You may not use the Services for the purpose of constructing indexes that are: (i) used for the purpose of creating financial products (including but not limited to any exchange-traded fund or other passive index-tracking fund, or any other financial instrument whose objective or return is linked in any way to any index); or (ii) used as a performance benchmark.

Charts and Graphs
You may not use the Services to create digitized and/or static, animated and/or interactive, charts and/or graphs so long as such charts and graphs do not display enough numerical values that would allow a third-party to reverse engineer or extrapolate the underlying data of said chart and/or graph which could: (i) result in the displacement of an existing subscription of, or the loss of a potential subscription by, GFD and/or ICE Data Services or any sources of part of the Data.

ICE DATA SERVICES AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS OR ANY OTHER MATTER AND SHALL HAVE NO LIABILITY TO CUSTOMER OR ANY THIRD PARTY FOR ANY ERRORS, OMISSIONS, OR MALFUNCTIONS IN THE SERVICE.

You acknowledge the Services and data are intended for use by institutional investors, registered brokers, professionals, and others of similar sophistication and experience.

You accept responsibility for, and acknowledge you exercise your own independent judgement in its selection of any of the Services, its selection of the use or intended use of such, and any results obtained. Nothing contained herein shall be deemed to be a waiver of any rights existing under applicable securities law.

You shall indemnify ICE Data Services and its suppliers against and hold ICE Data Services harmless from any and all losses, damages, liability, costs, including attorney’s fees, resulting directly or indirectly from any claim or demand against ICE Data Services or its suppliers by a third party arising out of or related to any services received by Customer, or any data, information, service, report, analysis or publication derived therefrom. Neither Ice Data Services nor its supplier’s hall be liable for any claim or demand against Customer by a third party.

ICE Data Services and its third-party suppliers shall constitute third party beneficiaries hereunder.