Terms and Conditions / Privacy Policy
Terms and Conditions / Privacy Policy
To assist you in using ICE Data Services.'s (collectively, with its parent corporation, ICE Data Services Corporation ("IDCO") and IDCO's other subsidiaries, "InteractiveData") website, and any other websites we may launch from time to time (collectively, the "Website"), and to ensure a clear understanding of the relationship arising from your use of our Website, we have created a Privacy Policy and a set of Terms and Conditions that govern your use of our Website. Our Privacy Policy explains how we protect and treat contact and other information you may provide to us through the Website, and our Terms and Conditions govern your use of our Website generally. Please read on to learn more.
Your use of our Website constitutes your agreement to follow and be bound by the Terms and Conditions and Privacy Policy. If you do not agree to the terms and conditions of these agreements, you are not authorized to use our Website.
If you have any questions and/or comments regarding our Website, you may contact us as provided in Section 12.0 of our Privacy Policy.
PLEASE READ THESE AGREEMENTS CAREFULLY BEFORE USING OUR WEBSITE
InteractiveData Terms and Conditions
1.0 Agreement2.0 Forward Looking Statements
3.0 Conditions on Participation
4.0 Ownership of Information; Downloading of Materials; Retransmission and Redistribution of Data
5.0 Disclaimer regarding Content
6.0 Disclaimer regarding Links and other Third Party Content
7.0 Information You Download
8.0 Complaints Over Perceived Infringement
9.0 No Advice or Solicitation
10.0 Product Demonstrations
11.0 Disclaimer of Warranties and Limitation of Liability
12.0 Indemnification
13.0 Modification and Termination of Website; Modification of Terms and Conditions
14.0 Personal Data
15.0 Force Majeure
16.0 Entire Agreement
17.0 Severability
18.0 Choice of Law; Choice of Forum
19.0 Assignment
20.0 Survival
21.0Your Consent
22.0 Credit / Debit Card Payments
InteractiveData
Corporation Privacy Policy
2.0 Scope of Policy
3.0 What Information We Collect and Use
4.0 What We Do with Information We Collect and Use
5.0 Changing or Removing Personal Information
6.0 Security of Personally Identifiable Information
7.0 Children
8.0 Modifications to This Privacy Policy
9.0 Relationship to Terms and Conditions
10.0 Transfer of Personally Identifiable Information to Other Countries
11.0 Your Consent
12.0 Contact Us
InteractiveData Corporation
Terms and Conditions
1.0
Agreement.
These Terms and Conditions (the "Terms and
Conditions") govern your use of the Website, your receipt of
any services through the Website, such as any newsletters you may
register to receive, and demonstration versions of
InteractiveData services available through the Website,
subject to the provisions of Section 16.0. These Terms and
Conditions constitute an agreement between you and
InteractiveData and impose legal obligations upon you. By
accessing our Website, you are acknowledging that you have read
and understood these Terms and Conditions and agree to be legally
bound by them.
In addition, if you register as a
user of any of the features of our Website, during the
registration process (and from time to time as
InteractiveData may require) you will be prompted to click
an "I Accept," "Submit" or similar button,
which further confirms your agreement to be legally bound by these
Terms and Conditions.
2.0
Forward Looking Statements.
This website contains
forward-looking statements within the meaning of the Safe Harbor
provisions of the Private Securities Litigation Reform Act of
1995. Such statements include any statements regarding our future
financial performance, future operating results or our plans or
expectations for our company and our business. These statements
are based on management's current expectations and beliefs and
involve known and unknown risks, uncertainties and other factors
that may cause actual results to be materially different from
those contemplated by the forward-looking statements. We undertake
no obligation to update these forward-looking statements. For
further information on risk factors affecting our company and our
business, please refer to our most recent annual, quarterly and
other (e.g. Form 8-K) reports filed with the Securities and
Exchange Commission.
3.0
Conditions on Participation.
You may use the Website only
if: (i) you are eighteen (18) years of age or older and are of the
age of consent in your jurisdiction; (ii) your use of the Website
will not violate any law in any applicable jurisdiction,
including, but not limited to, United States export controls;
(iii) you do not engage in any conduct that will impede, impair or
interfere with the functioning of the Website; and (iv) you agree
to be bound by and abide by all of the provisions of these Terms
and Conditions.
4.0 Ownership of
Information; Downloading of Materials; Retransmission and
Redistribution of Data.
The Website is made available
solely as a convenience to you for general informational purposes
for your internal, non-commercial use, subject at all times to
these Terms and Conditions. Unless otherwise noted, all right,
title and interest in the Website, and information made available
in the Website ("Information"), in all languages,
formats and media throughout the world, including all copyrights
and trademarks therein, are and shall continue to be the exclusive
property of InteractiveData, its parent corporation,
subsidiary corporations, affiliates, licensors, or third party
data providers ("Data Providers"), or used under
principles of "fair use." These Terms and Conditions are
subject to any requirements of the Data Providers under
InteractiveData's agreements with such Data Providers.
Certain materials may be made available for download from
the Website. Subject to these Terms and Conditions,
InteractiveData grants you permission to download and copy
such materials solely for your internal, non-commercial use;
provided that all copyright notices appearing on the originals are
duplicated on all copies thereof; and provided further, that you
do not modify the materials in any way. Without limiting any other
right or remedy available to InteractiveData, at law or in
equity, the permission herein granted will automatically terminate
in the event you breach the terms of this paragraph and, in such
event you must destroy immediately all downloaded materials in
your possession, custody or control.
EXCEPT AS
OTHERWISE EXPRESSLY PERMITTED BY THE PRECEDING PARAGRAPH, YOU
AGREE NOT TO REPRODUCE, RETRANSMIT, DISSEMINATE, SELL, DISTRIBUTE,
PUBLISH, BROADCAST, CIRCULATE OR PROVIDE, THE INFORMATION OR
SERVICES IN ANY MANNER OR FOR ANY PURPOSES (PERSONAL OR BUSINESS)
WITHOUT THE PRIOR EXPRESS WRITTEN CONSENT OF InteractiveData
AND/OR THE RELEVANT DATA PROVIDER(S).
You further
agree not to use the Website or Information for any unlawful
purpose and agree to comply with reasonable requests by
InteractiveData to protect the respective rights of
InteractiveData, its parent corporation, subsidiary
corporations, affiliates, licensors, and Data Providers in the
Website and in the Information.
5.0 Disclaimer regarding Content.
InteractiveData cannot and does not guarantee that the
Information (including information obtained from third parties) is
accurate, reliable, current, complete or appropriate for your
needs. Due to various factors, including the inherent possibility
of human and mechanical error, the accuracy, completeness,
timeliness, results obtained from use, or correct sequencing of
the Information, is not and cannot be guaranteed by
InteractiveData or by any third parties creating or
transmitting such Information.
6.0 Disclaimer regarding Links and other Third
Party Content.
From time to time, the Website may provide
you with the ability to access certain content from third parties
through links to the websites of such other parties. When you
access such third party content, YOU PROCEED AT YOUR OWN RISK.
InteractiveData does not guarantee that it will screen such
content or that such content will be accurate, free from errors,
consistent with what it purports to be or appropriate to fit your
needs. You agree that InteractiveData shall not be held
liable for any activities that occur on any website you access
through links on the Website. We provide these links as a
convenience, and do not endorse the content or services offered by
these other sites.
7.0
Information You Download.
InteractiveData cannot and
does not guarantee or warrant that information that may be
available for downloading through the InteractiveData
Website will be free of infection or viruses, worms, Trojan horses
or other code that manifests contaminating or destructive
properties. You are responsible for implementing sufficient
procedures and checkpoints to satisfy your particular requirements
for accuracy of information input and output, and for maintaining
a means external to InteractiveData for the reconstruction
of any lost information.
8.0 Complaints Over Perceived Infringement.
InteractiveData respects intellectual property rights and
will use efforts that are commercially reasonable in light of our
resources to accommodate generally accepted technical measures
used by copyright owners to identify and protect their copyrighted
works.
If you believe that materials posted on our Website
infringe your rights under copyright law in specific materials
(collectively, a "Work"), you must direct your concerns
to our agent, designated under the Digital Millennium Copyright
Act (17 U.S.C. 512) to respond to such concerns (our
"Designated Agent"):
Email: copyright@interactivedata.com
regular mail:
InteractiveData Corporation
22 Crosby Drive
Bedford, MA 01730
Attention: Legal Department
9.0 No Advice or Solicitation.
The Information is for informational purposes only and should not
be used or construed as an offer to sell, a solicitation of an
offer to buy, or an endorsement, recommendation or sponsorship of
any company or security by InteractiveData, its parent
corporation, subsidiary corporations, affiliates, officers,
directors, employees or agents. You acknowledge and agree that
neither the Website nor any of the Information is intended to
supply investment or financial advice. You acknowledge and agree
that the use of the Website and Information, and any decisions
made in reliance upon the Website and Information, are made at
your own risk.
10.0
Product Demonstrations.
All product demonstrations
("demos") may only be used during the time periods
specified for which they are offered. All demos must be used in
accordance with accompanying instructions and may not be used for
any reason other than their intended purpose.
11.0 Disclaimer of Warranties and Limitation of
Liability.
You agree that neither InteractiveData,
its parent corporation, subsidiary corporations, affiliates,
officers, directors, employees, agents or representatives, nor the
Data Providers or any officer, director, employee, agent,
affiliate or representative thereof shall have any liability,
contingent or otherwise, for the truthfulness or accuracy of the
Website or the truthfulness, accuracy, timeliness, completeness or
correct sequencing of the Information, or for any decision made or
action taken by you in reliance upon such Information or the
Website, or for any other aspect of the Information or Website.
THE WEBSITE AND INFORMATION ARE PROVIDED "AS
IS."
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE
LAW, THERE IS NO WARRANTY OF MERCHANTABILITY, NO WARRANTY OF
FITNESS FOR A PARTICULAR USE AND NO OTHER WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED, REGARDING THE INFORMATION OR ANY ASPECT OF THE
SERVICES (INCLUDING BUT NOT LIMITED TO INFORMATION ACCESS). YOU
RECOGNIZE THAT THE ACCURACY OF THE INFORMATION SHOULD BE CHECKED
BEFORE YOU RELY ON IT.
IN NO EVENT WILL
InteractiveData OR THE DATA PROVIDERS BE LIABLE TO YOU, YOUR
CUSTOMERS OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT
LIMITED TO, LOST PROFITS, TRADING LOSSES OR DAMAGES THAT RESULT
FROM INCONVENIENCE, DELAY OR LOSS OF THE USE OF THE SERVICES), OR
CLAIMS ARISING IN TORT (INCLUDING NEGLIGENCE), EVEN IF
InteractiveData OR THE DATA PROVIDERS HAVE BEEN ADVISED OF
OR ARE OTHERWISE AWARE OF THE POSSIBILITY OF ANY OF THE FOREGOING.
You acknowledge that documents posted to and content
available at the Website may contain computer viruses. Should you
download any such materials from the Website, IT IS YOUR
RESPONSIBILITY TO PERFORM ANY SCANNING OR OTHER ANTI-VIRUS
PRECAUTIONS AS YOU DEEM NECESSARY. UNDER NO CIRCUMSTANCES WILL
InteractiveData BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED
BY ANY MATERIALS DOWNLOADED FROM THE SITE AND YOU ASSUME FULL
RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY
SERVICING OR REPAIRS OF ANY EQUIPMENT OR DATA YOU USE IN
CONNECTION WITH OUR SITE.
12.0 Indemnification.
You agree to
indemnify and hold harmless InteractiveData, it parent
corporation, subsidiary corporations, affiliates and their
respective officers, directors, employees, agents and
representatives, and the Data Providers and their officers,
directors, employees, agents and representatives, from and against
any and all claims, losses, liability, costs and expenses
(including but not limited to reasonable attorneys' fees) arising
from or relating to your use of the Website or the Information,
and/or your violation of these Terms and Conditions or any third
party's rights, including but not limited to copyright,
proprietary and privacy rights.
13.0 Modification and Termination of Website;
Modification of Terms and Conditions.
Notwithstanding any
provision in these Terms and Conditions, InteractiveData
reserves the right, in its sole discretion, at any time, to change
or modify from time to time and/or terminate (i) this Website,
(ii) any particular services made available via the Website, or
(iii) these Terms and Conditions. Your use of our Website
following any such change constitutes your agreement to follow and
be bound by the Terms and Conditions, as changed.
14.0 Personal Data.
Your provision of
personally identifiable information, and our use of such
information, is governed by our Privacy Policy. Please read that
policy to learn how we handle and safeguard such information.
15.0 Force Majeure.
In addition to applicable disclaimers stated above,
InteractiveData's performance under these Terms and
Conditions shall be excused in the event of interruption and/or
delay due to causes beyond its reasonable control, such as acts of
God, acts of any government, war or other hostility, civil
disorder, the elements, fire, earthquake, explosion, acts of
terrorism, power failures, equipment failure, industrial or labor
dispute, acts of Data Providers or other third party information
providers, third party software or communication method
interruption.
16.0
Entire Agreement.
These Terms and Conditions and Privacy Policy relate only
to this Website, embody the entire understanding between the
parties with respect to this Website and supersede any and all
prior representations and agreements, if any, oral or written,
with respect to this Website. In the event of any conflict between
these Terms and Conditions and/or Privacy Policy and any separate
agreement you have executed or otherwise entered into regarding
subscription services available through this Website, the terms of
such separate agreement shall control.
17.0 Severability.
Should any provision of
these Terms and Conditions or any provision of our Privacy Policy
be held to be void, invalid, unenforceable or illegal by a court,
such provision shall be valid and enforceable to the extent
permitted by applicable law, and the validity and enforceability
of the other provisions shall not be affected thereby. Failure of
any party to enforce any provision of these Terms and Conditions
or of the Privacy Policy shall not constitute or be construed as a
waiver of such provision or of the right to enforce such
provision.
18.0
Choice of Law; Choice of Forum.
These Terms and Conditions and our Privacy Policy shall be
interpreted in accordance with the laws of the State of New York,
U.S.A. In any action arising under these Terms and Conditions or
our Privacy Policy, you consent to the jurisdiction and venue of
the courts of the State of New York, U.S.A.
InteractiveData makes no representation that the Website or
Information is appropriate or available for use in locations
outside the United States, and access to this Website from
locations where the provision of such information or services may
be illegal is prohibited. Users who determine to access this
Website from such locations do so on their own initiative and are
responsible for compliance with all applicable local laws.
19.0 Assignment.
These Terms and Conditions shall not be assignable by you, either
in whole or in part. InteractiveData reserves the right to
assign its rights and obligations under these Terms and
Conditions.
20.0
Survival.
Sections 1 (Agreement), 2 (Forward Looking Statements), 4
(Ownership of Information; Downloading of Materials;
Retransmission and Redistribution of Data), 5 (Disclaimer
regarding Content), 6 (Disclaimer regarding Links and Other Third
Party Content), 7 (Information you Download), 9 (No Advice or
Solicitation), 11 (Disclaimer of Warranties and Limitation of
Liability), 12 (Indemnification), 15 (Force Majeure), 16 (Entire
Agreement), 17 (Severability), 18 (Choice of Law; Choice of
Forum), 19 (Assignment), and this Section 20 of these Terms and
Conditions shall survive the termination of these Terms and
Conditions and shall apply indefinitely.
21.0 Your Consent.
By using our Website,
you agree to comply with, and be bound by these Terms and
Conditions. If you do not agree with some, or all of these Terms
and Conditions, you are not authorized to visit our Website.
22.0 Credit / Debit
Card Payments.
We do not store credit card details nor do
we share customer details with any 3rd parties.
InteractiveData
Corporation Privacy Policy
This Privacy Policy
("Privacy Policy") covers InteractiveData's
treatment of information that you provide to us or that we collect
from you when you are visiting and/or use the Website. This policy
does not apply to the practices of companies that
InteractiveData does not own or control or to individuals
whom InteractiveData does not employ or manage, including
operators of sites you may link to or from the Website or from
which you link to the Website. This Privacy Policy should be read
in connection with our Terms and Conditions.
1.0 Agreement.
Please read this Privacy Policy carefully; it creates
legal obligations. By accessing and/or using our Website, you are
acknowledging that you have read and understood this Privacy
Policy and agree to be legally bound by it.
In
addition, if you register as a user of any of the features of our
Website (a "Subscriber"), during the registration
process (and from time to time as InteractiveData may
require) you will be prompted to click an "I Accept,"
"Submit" or similar button, which further confirms your
agreement to be legally bound by this Privacy Policy.
2.0 Scope of Policy.
This Privacy Policy applies only to information you
provide to us online or that we collect from you while visiting or
using our Website. It does not apply to information we have
obtained offline or through other means.
3.0 What Information We
Collect and Use.
InteractiveData collects (1)
personally identifiable information you knowingly provide to us,
and (2) general information concerning users gathered at different
points on our Website that does not include personally
identifiable information:
3.1. Personally Identifiable Information You Provide to Us: In order to subscribe to certain InteractiveData products and services offered on this Website, we require that you complete a registration form providing certain contact information, such as name, address, email address, telephone number, company name, fax number and other basic contact information.
3.2. Non-Personally Identifiable Information We Collect: InteractiveData uses "cookies" to collect information about how our Website is used. The types of information collected may include: a unique identifier assigned to your workstation; the page from which the cookie was initially installed; the time and date of initial visit; the time and date of subsequent visits; and the cookie expiration date.
A cookie is a small amount of data, which often includes an anonymous unique identifier, which is sent to your browser from a website's computers and stored on your computer's hard drive. Cookies can be used to provide you with a tailored user experience and to make it easier for you to use the Website upon a future visit. InteractiveData will also use cookies to recognize you when you return to our Website.
Most web browsers are set to accept cookies by default,
though you can manually disable the cookies feature of your
browser. You should review the online documentation of your
browser or consult with the provider of your browser for
instructions on how to disable cookies. Please note that if you
disable cookies on your computer, some parts of this Website may
not function properly.
4.0 What We Do with Information We Collect and Use.
InteractiveData uses the information collected via
this Website to communicate with you and to provide you with
products, services or information that you have requested. If you
provide your consent when your personal information is collected
via this Website, we may also provide you with additional
information, special offers and promotions. We also use
information in an aggregate form (so that no individual user is
identified) to build up marketing profiles, to aid strategic
development, to manage our relationship with advertisers and to
audit the usage of the Website.
In general, except
as provided in this policy, we will not disclose your personally
identifiable information to unaffiliated third parties without
your express consent. There are, however, some limited
circumstances in which we may need to disclose personally
identifiable information about a user, including, but not limited
to, the circumstances set forth below:
4.1. InteractiveData Vendors: We may employ other companies to perform functions on our behalf which are relevant to our business. In order to allow these companies to perform their obligations, we may need to share your personally identifiable information with these companies. However, we will provide them with only that information necessary to perform their functions on our behalf, and we will not allow them to use your personally identifiable information for any other purpose. Except as otherwise set forth in this Section, InteractiveData does not provide client information to its partners or vendors.
4.2. Imminent Harm: We may reveal your personally identifiable information to attorneys, private investigators or law enforcement agencies if we believe that you are harming or interfering (or may imminently harm or interfere) with InteractiveData, other InteractiveData users or anyone else, or violating (either intentionally or unintentionally) our Terms and Conditions of Use or infringing on any of InteractiveData's legal rights.
4.3. Legal: InteractiveData may reveal your personally identifiable information, to the extent we reasonably believe we are required to do so by law.
4.4. Transfer of Website: InteractiveData shall be entitled to transfer to a third party information it collects, including any personally identifiable information, in connection with a sale of all or substantially all of its assets.
5.0 Changing or Removing
Personal Information.
You may request changes and/or edits
to the personally identifiable information collected about you via
this Website, by clicking here. InteractiveData will input
your requested changes and/or edits as soon as reasonably
practicable.
If you wish to unsubscribe to any
features or services to which you have previously subscribed, you
may do so by clicking on the "unsubscribe" button or
link on the applicable service.
Finally, if you
request, we will remove your name and other personally
identifiable information from our databases. Please understand,
however, that it may be impossible to remove this information
completely, due to backups and records of deletions. If you wish
to remove your name and other personally identifiable information
from our database, please create an email with the term
"Unsubscribe" in the subject line, and send the email to
the address listed in Section 12.0 of this Privacy Policy.
Alternatively, you may write to us with your request, at the
mailing address listed in Section 12.0 of this Privacy Policy.
6.0 Security of
Personally Identifiable Information.
InteractiveData has in place security systems reasonably
designed to prevent unauthorized disclosure of information you
provide to us. Due to the nature of Internet communications and
evolving technologies, however, we cannot provide, and disclaim
assurance that the information you provide to us will remain free
from loss, misuse, or alteration by third parties who, despite our
efforts, obtain unauthorized access.
7.0 Children.
Persons under the age of
eighteen (18) are not permitted to register for any
InteractiveData service and InteractiveData does not
knowingly collect, either online or offline, personally
identifiable information from persons under the age of eighteen
(18). If we learn that a child under eighteen (18) has provided us
with personally identifiable information, we will delete this
information from our databases, subject to any limitations on our
ability to do so, as described in Section 5.0 above.
8.0 Modifications to This
Privacy Policy.
InteractiveData reserves the right
to change or modify from time to time, or terminate this Privacy
Policy, in its sole discretion. Your use of our Website following
any such change constitutes your agreement to follow and be bound
by this Privacy Policy, as changed.
9.0 Relationship to Terms and Conditions.
This Privacy Policy must be read in conjunction with our Terms and
Conditions, and the provisions of our Terms and Conditions are
incorporated herein.
10.0
Transfer of Personally Identifiable Information to Other
Countries.
This Website is operated by ICE Data Services in
the UK. If you are located outside of the UK, your personally
identifiable information will be transferred to the UK. By using
this Website and/or any product/service offered herein, you hereby
consent to such transfer.
11.0 Your Consent.
By using our Website, you consent to our collection and
use of information in accordance with the terms of this Privacy
Policy. If you do not agree with some or all of the terms of this
Privacy Policy, you may not become a Subscriber, or otherwise
visit our Website.
12.0
Contact Us.
You may contact us by email or traditional mail at either
of the addresses set forth below; provided; however if you wish to
provide us with formal notice under our Terms and Conditions or
our Privacy Policy (exclusive of notice given pursuant to Section
8.0 of the Terms and Conditions), you must provide your notice in
writing, and mail it to the address set forth below.
By mail:
BIP Helpdesk
InteractiveData
Fitzroy House
13-17 Epworth Street
London
EC2A 4DL
By email: bip.helpdesk@interactivedata.com