TERMS OF SERVICE
Welcome to www.citywire.co.uk ("our site"), which is owned and operated by Citywire Financial Publishers Ltd. References to "we" or "our" are references to Citywire. We are a company registered in England and Wales (company number 3828440). Our registered office is located at 1st Floor, 87 Vauxhall Walk, London, SE11 5HJ.
By using or accessing our site (whether as a guest or a registered user) you confirm your agreement to these terms of service ("T.O.S."). Your use of our site is at all times subject to these T.O.S. (which forms a legally binding contract between Citywire and you) and all applicable laws. If you do not agree to these T.O.S., do not use our site or the Service.
1. Terminology
"Citywire", "we" or "our" – Citywire Financial Publishers Limited.
"Citywire Feed"-The Content downloaded for display on your website in accordance with the Standard Licence Terms.
"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.
"Discussion Groups" - A facility, including the ‘Blogs’, within the Service which allows Members to publish their views.
"Hyperlink" - A "click-able" link to other content on the world wide web.
"Member" - Anyone who has successfully registered on our site who has a valid Username and Password.
"Password" – Your chosen combination of letters and numbers that you use to access our site.
"Post" - Any content Members contribute to Discussion Groups on the Service.
"Privacy Policy" -
"Registration" - The process of obtaining a Username and Password for use on the Service.
"Service" - The information, other content and services provided on our site.
"Spam" - Any message promoting an unsolicited service or product.
"Standard Licence Terms" - The terms under which you may download Content and display this on your own website, as set out in section 6 below.
"Username" - Your chosen name for your registered account on our site.
2. General
2.1 We are the owner or licensee of all copyright, trade marks and other intellectual property rights in and to our site and the information published on our site. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. Images used on our websites are © iStockphoto, Thinkstock, Topfoto, Getty Images or Rex Features (among others). For credit information relating to specific images where not stated, please contact picturedesk@citywire.co.uk .
2.2 Subject to the Standard Licence Terms contained herein you must not copy, reproduce, modify, create derivative works from, transmit, distribute, publish or otherwise publicly display any Content without our prior written consent. If you undertake any of these prohibited activities we put you on notice that you are breaching our and our licensors' intellectual property rights in the information and we reserve the right to take action against you to uphold our rights, which may involve pursuing injunctive proceedings. You are also forbidden from collecting information from our site and incorporating it into your own database or products.
2.3 You may only use the Service for lawful purposes.
2.4 The Citywire Privacy Policy forms a part of this Agreement and explains how information collected during Registration may be used by Citywire and its partners. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
3. Registration
3.1 By registering for any part of the Service, in addition to these T.O.S, you agree to be bound by the terms set out in this section 3 (as applicable):
3.2.1 General
You agree to protect and keep secret your Password at all times and agree not to allow any third party directly or indirectly to use your membership, Username or Password. You also agree NOT to attribute any materials, data or information which you have obtained from the Service to Citywire in any non Service bulletin boards, discussion groups or online communities. You acknowledge that a breach of Citywire’s intellectual property rights may give rise to civil damages and criminal penalties.
4. Citywire’s Rights
Citywire reserves the right to:
4.1 modify, alter, change or withdraw any part of the Service, 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; and
4.2 to change the T.O.S. from time to time. Any such changes will be displayed on the website. Changes will take effect 30 days after notification. Your continued use of any part of the Service following such change shall be deemed to be your acceptance of such amended T.O.S. You acknowledge that you are solely responsible for checking these T.O.S. from time to time to see the changes which have been made to these T.O.S. If you do not accept any such changes you should stop using our site.
5. Intellectual Property Rights
5.1 You acknowledge and agree that all copyright, trade marks and other intellectual property rights in all material, content or information supplied as part of the Service shall remain at all times vested in Citywire and / or its licensors. You are only permitted to use the service in accordance with paragraph 3 above.
5.2 You agree that you will NOT use the Service 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 commercial, both paid for and free distribution, activities and services without obtaining the written approval of Citywire in advance of its publication by you.
You agree not to:
- use any robot, spider, scraper or other automated means to access our site for any purpose or use any robot, spider, scraper or other automated means or any manual process to monitor, copy or extract any Content without the prior written permission of Citywire;
- 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;
- take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on the Citywire infrastructure; or
- subject to section 6.5.3 below, deep-link to any portion of our site for any purposes without the prior written permission of Citywire.
6. Licence
6.1 By downloading a Citywire Feed from Citywire you agree to be bound by the terms set out in this section 6. These Standard Licence Terms may be updated by Citywire from time to time. Please review these Standard Licence Terms each time you download a Citywire Feed. Your download and/or use of a Citywire Feed indicates your agreement to these Standard Licence Terms.
6.2 Subject to the terms of this Agreement Citywire grants you a non-transferable, non-sublicensable, royalty free non-exclusive licence to display on your website ("Site") the headlines, active links or other source identifiers that you specifically select to receive via the Citywire Feed.
6.3 All title, ownership rights and intellectual property rights in and to the Citywire Feed shall remain the property of Citywire or its licensors.
6.4 Nothing in these Standard Licence Terms grants you any right to use Citywire’s trade marks on your Site or elsewhere.
6.5 Use of Citywire Content
6.5.1 YOU MUST ENSURE THAT ALL CITYWIRE CONTENT ON YOUR SITE HAS AN ACCREDITATION TO CITYWIRE as follows: "Citywire information is proprietary and confidential to Citywire Financial Publishers Ltd ("Citywire"), may not be copied and Citywire excludes any liability arising out its use."
6.5.2 YOU MAY NOT DIRECTLY OR INDIRECTLY CHARGE USERS SPECIFICALLY FOR ACCESSING CITYWIRE CONTENT OR OTHERWISE COMMERCIALISE SUCH CONTENT, NOR ATTEMPT TO RE-SELL THE CITYWIRE CONTENT IN ANY WAY.
6.5.3 You must create a functional link back to the Citywire News story(ies) summarised by the Citywire Content . If you are displaying the Citywire Feed where a functional link back to Citywire is not possible, you must display on-screen the URL from which the Citywire Content can be obtained. You may not directly or indirectly change, edit, add to or produce summaries of the Citywire Content or any content on the Citywire website nor place any full-story Citywire content in an HTML frame-set.
6.5.4 You may not directly or indirectly suggest any endorsement or approval by Citywire of your Site or any non-Citywire entity, product or content or any views expressed within your Site or service.
6.5.6 You acknowledge that Citywire has absolute editorial control over all Citywire Content and you accept that Citywire is editorially independent and that the editorial integrity of Citywire Content is the sole responsibility of Citywire.
6.5.7 Should you receive any enquiries which relate to Citywire or the Citywire Content you shall promptly refer such enquiries to Citywire.
6.5.8 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.
6.5.9 Aggregators and Publishers - The Citywire website and all content therein is the exclusive copyright of Citywire and may not be reproduced in any form whatsoever, summarised, adapted, or paraphrased without the specific written consent of a director of Citywire. This includes, but is not limited to, the use of Citywire content for any form of news aggregation service or for inclusion in services which summarise articles. Under no circumstance is Citywire content to be used in any commercial service.
7. Discussion Groups
7.1 Participation in the Discussion Groups is subject to compliance with these T.O.S. You accept that we are not responsible for content within these Discussion Groups and that we do not endorse any of the material contained in them and that the content contained within them does not form part of the FSA regulated content within our site.
7.2 Citywire does not moderate or actively review, censor or edit Posts on the Discussion Groups. Citywire does, however, reserve the right to review, censor or remove any Post at any time without notice.
7.3 The Service allows Members to add Hyperlinks in their Posts; you accept that Citywire cannot be held responsible for the availability of this information. You accept that you are fully and exclusively responsible for loss or damage when attempting to use these Hyperlinks.
7.4 You accept that Posts from individuals may be unintentionally and intentionally misleading, deceptive or mistaken. You also accept that individuals may not be whom they claim to be. If you suspect you are being impersonated, you should contact Citywire’s Service Compliance Officer.
7.5 You accept that Citywire do not check the accuracy of information supplied by Members in their profiles.
7.6 You accept that you cannot use the Discussion Groups for any commercial purpose.
7.7 If you believe that a Post contains material that violates these T.O.S., you should report your views to Citywire’s Service Compliance Officer.
7.8 You may not use Discussion Groups on the Service to:
- Post abusive, vulgar, obscene, harassing, threatening, hateful, fraudulent, defamatory, sexually explicit, or unlawful material.
- Provide hyperlinks within your Posts to any external material containing abusive, vulgar, obscene, harassing, threatening, hateful, fraudulent, defamatory, sexually explicit, or unlawful material.
- Post messages that intentionally make false or misleading statements about financial instruments or their price and potential.
- Advertise investment services.
- Publish junk mail, Spam, chain letters or any other unsolicited marketing material.
- Publish third-party copyrighted information.
- Impersonate any person or organization or misrepresent your affiliation with any person or any thing.
- Post messages that offer to buy, sell or broker an investment.
- Intentionally violate the rules of the London Stock Exchange or the Financial Services Authority.
- You grant and assign to Citywire and its successors a non-exclusive, worldwide, royalty-free, perpetual and irrevocable license to use, display, distribute and reproduce in whole or in part in any media any Posts you may publish in the Discussion Groups.
8. Limited Warranty
8.1 Citywire will use reasonable endeavors to maintain the Service. You will not be eligible for any compensation because you cannot use any part of the Service or for any failure of the Service as a result of an event beyond Citywire’s reasonable control.
8.2 Neither Citywire nor its employees assume any responsibility or liability for the accuracy or completeness of the information contained on our site.
8.3 No information obtained by you through use of this Service shall create any warranty.
8.4 You acknowledge and agree that any information that you receive through use of the Service is provided "as is" and "as available" basis without representation or endorsement of any kind and is obtained at your own risk. 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 Service or by the use of hypertext links on the Service to external information.
8.5 To the maximum extent permitted by law, Citywire excludes all warranties, conditions or other terms, whether express or implied, whether by statute, case law, custom or otherwise in relation to the Service, including without limitation as to satisfactory quality, fitness for particular purpose, non-infringement, compatibility, accuracy, or completeness.
8.6 Notwithstanding any other provision in these T.O.S., nothing herein shall limit your rights as a consumer under English law.
9. Limitation of Liability
To the maximum extent permitted by law, Citywire will not be liable in contract, tort (including negligence) or otherwise for any liabilities, damages or losses (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 and any materials posted on it. Citywire does not limit liability for fraudulent misrepresentation or death and personal injury arising from Citywire’s negligence.
10. Indemnification
10.1 You agree to indemnify Citywire from any actions, claims or liabilities arising from your use of the Service (including the Discussion Groups).
10.2 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.
11. Termination
You agree that Citywire may terminate your membership and restrict your access to the Service (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 T.O.S. or acted inconsistently with the spirit of these T.O.S.
12. Jurisdiction
These T.O.S. are governed by and shall be construed in accordance with the laws of England and Wales and you hereby submit to the exclusive jurisdiction of the English courts in the event of any dispute in connection with the Service or these T.O.S.
13. Citywire performance analysis and ratings
The fund manager performance analyses and ratings provided on this website are the opinions of Citywire Financial Publishers Ltd (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.
DISCLOSURE PAGE AND WARNING RELATING TO SITE DISCUSSION GROUPS
1. The Discussion Groups are provided for the convenience of users as an information sharing venue. It does not constitute an Investment Advertisement or Advice.
2. Citywire takes no responsibility for information posted on those areas of the Service that provide facilities for users to communicate with other users and/or comment in public on issues raised. We disclaim all liability and responsibility arising from any reliance placed on such information by any visitor to our site, or by anyone who may be informed of any of its contents.
3. The Discussion Groups are for private use only and not for commercial use. Users are responsible for ensuring that any information or views expressed do not breach copyright, are not libelous or offensive and do not constitute infringement of insider dealing regulations or confidentiality agreements.
4. Readers should treat any information posted on the Discussion Groups with extreme caution. They should recognise that it has not been issued or approved by any regulated person and may not comply with the above terms of service. Persons posting information on our site may have ulterior motives such as to boost the value of their own investments or cause damage to others or otherwise mislead.
5. Information posted may be factually incorrect and provided with inadequate research. Posters of information may have positions in investments on which they comment.
6. Past performance of investments is not necessarily a guide to future performance. Prices of investments may fall as well as rise.
7. No information given on the Discussion Groups can be regarded as a personal recommendation to any one investor. Readers circumstances may vary and they should seek their own advice on the suitability to them of any investment or investment technique that may be mentioned.
8. Whilst Citywire is not obliged to control material placed on our site it reserves the right to remove material which in its sole opinion is not consistent with the purpose of our site or which is in breach of the terms hereof.
9. Citywire wishes to ensure compliance with copyright laws. On the request of a copyright holder Citywire will remove material from our site.