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TERMS OF USE



PLATTS WEB SITE TERMS & CONDITIONS


These Terms of Use were last updated on March 16, 2015.


By accessing and using the Platts website at www.platts.com or any mobile application supported by Platts (collectively, the “Website”), you agree to be legally bound by these Terms of Use. The terms “you” and “User” refer to anyone who accesses the Website.


As you browse through the Website you may access other websites and services that are subject to different terms of use. When you use those sites and/or services, you may be legally bound by the specific terms of use posted on such sites. If there is a conflict between these Terms of Use and the other terms of use, the other terms of use will govern with respect to use of such sites.


Platts, a division of McGraw Hill Financial, Inc. (“MHFI”) may change these Terms of Use at any time without notice. Changes will be posted at www.platts.com under “Terms of Use”.You should read these Terms of Use each time you access and use the Website.



1. USE OF THE WEBSITE

Subject to these Terms of Use, Platts grants you a non-exclusive, non-transferable, limited license to access and use the Website and its Content (as defined below) for the fees, if applicable, and under the terms set forth below.


The Website and the content, including, but not limited to, text, data, reports, opinions, images, photos, graphics, graphs, charts, animations and video (the “Content”), displayed on the Website, may be used only for your personal and non-commercial use. Except as otherwise permitted under these Terms of Use, you agree not to copy, reproduce, modify, create derivative works from, or store any Content, in whole or in part, from the Website or to display, perform, publish, distribute, transmit, broadcast or circulate any Content to anyone, or for any commercial purpose, without the express prior written consent of Platts. You may not commingle any portion of the Website with any other information and you may not edit, modify, or alter any portion of the Website.


2. INTELLECTUAL PROPERTY RIGHTS AND UNLAWFUL USE

The Content is the exclusive property of Platts or its licensors, and is protected by copyright and other intellectual property laws. All trade names, trademarks, service marks and other product and service names and logos on the Website and within the Content are proprietary to their respective owners and are protected by applicable trademark and copyright laws. Any of the trademarks, service marks or logos (collectively, the “Marks”) displayed on the Website may be registered or unregistered marks of Platts or others. Nothing contained on this Website should be construed as granting any license or right to use any of the Marks displayed on the Website without the express written permission of Platts or a third party owner of such Marks. Any unauthorized uses of the Marks or any other Content are strictly prohibited. To request permission to use any Content or other Platts material, please contact Platts at webteam@platts.com. Permission to copy articles posted on the Website for limited internal reference or personal use only may also be obtained through purchase of an annual or pay-per-use license from the Copyright Clearance Center (www.copyright.com).


You may not use the Website for any unlawful purpose. You shall honor all reasonable requests by Platts to protect Platts' proprietary interests in the Website.


If you believe that any Content or other material posted on the Website infringes your copyright, you must file a notice of infringement and Platts will address your concerns in accordance with the Digital Millennium Copyright Act.


If you believe that any Content or other material posted on the Website infringes your copyright, you must file a notice of infringement and Platts will address your concerns in accordance with the Digital Millennium Copyright Act.

  • Information identifying the copyrighted work or works you believe is being infringed.
  • Information identifying the material you believe is infringing your copyright, including exact permanent URL and any other information that will allow Platts to locate the allegedly infringing material.
  • Your address, telephone number, email address and any other relevant contact information.
  • A statement that you have a good faith belief that the use of the allegedly infringing material on the Website is not authorized by you, your agent or the law.
  • A statement that the information provided to Platts is accurate.
  • A statement, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.


Notices should be sent with your name and physical or electronic signature to the McGraw Hill Financial Legal Department, 55 Water Street, NY, NY 10041-1003; legal@mhfi.com.


Please note that by submitting an infringement notification, you are initiating a legal process. You may be liable for damages or other legal consequences if you make any false claims or otherwise misuse this process.


3. REGISTRATION PROCEDURES

As part of the registration process, you must create a User account by selecting a username and password and providing Platts with accurate, complete, and updated information. If you are accessing this Website within the scope of your employment, you are required to register using an email address containing your employer's domain name. Failure to do so constitutes a breach of this Agreement, which may result in immediate termination of your access to the Website.


If you wish to use the Platts Payment Portal (the “Portal”) to make payments to Platts, you are responsible for creating a User account in the Portal at platts-billing.secure.force.com/. You are responsible for maintaining the confidentiality of your username and password and you accept responsibility for all activities, charges and damages that occur in relation to your User account. Your access to the Portal is contingent upon your employment with the company on behalf of which you are registered and must be deactivated once your employment has ended. You shall promptly contact Platts if you believe there has been unauthorized use of your User account.


You are also solely responsible for all access to, usage of or activity on your User account including, but not limited to, use of the account by any person who uses your user name and password, with or without authorization, or who has access to any computer, mobile or other device on which your account resides or is accessible.


For information regarding how this information will be used and maintained, please see our Privacy and Cookie Notice at www.marketing.platts.com/forms/privacy.


3. LIMITATION OF LIABILITY

You are entirely liable for activities conducted by you or by a third party using your username and password in connection with the Website. If you are dissatisfied with the Content or the Website or with these Terms of Use, your sole and exclusive remedy is to stop using the Content and the Website. Platts will not pay you any damages in connection with your browsing or use of the Website.


Due to the number of sources from which the Content is obtained and the potential hazards of electronic distribution, there may be delays, omissions or inaccuracies in such Content and the Website.


THE CONTENT AND THE WEBSITE ARE PROVIDED “AS IS”, WITHOUT ANY WARRANTIES. NEITHER PLATTS NOR MHFI MAKES ANY GUARANTEES OR WARRANTIES AS TO THE ACCURACY, COMPLETENESS, TIMELINESS OR CURRENTNESS OF RESULTS TO BE OBTAINED FROM ACCESSING AND USING THE WEBSITE, THE WEBSITE'S OWN CONTENT, OTHER CONTENT (AS DEFINED IN SECTION 6 BELOW), OR ANY MATERIAL THAT CAN BE ACCESSED (VIA A DIRECT OR INDIRECT HYPERLINK OR OTHERWISE) THROUGH THE WEBSITE.


PLATTS, ITS AFFILIATES, AND ALL THIRD PARTY PROVIDERS AND LICENSORS (COLLECTIVELY, THE “PLATTS PARTIES”) HEREBY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE AND OF NONINFRINGEMENT. NONE OF THE PLATTS PARTIES SHALL BE LIABLE TO THE USER OR ANYONE ELSE FOR ANY INACCURACY, DELAY, INTERRUPTION IN SERVICE, ERROR OR OMISSION, REGARDLESS OF CAUSE, OR FOR ANY DAMAGES RESULTING THEREFROM.


IN NO EVENT WILL ANY OF THE PLATTS PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST TIME, LOST MONEY, LOST PROFITS OR GOOD WILL, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEN OR UNFORESEEN WITH RESPECT TO ANY USE OF THE WEBSITE. NONE OF THE PLATTS PARTIES WILL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY RESULTING FROM USE OF THE WEBSITE, IN WHOLE OR PART, WHETHER CAUSED BY NEGLIGENCE, CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THE WEBSITE AND ANY CONTENT ON THE WEBSITE OR OTHERWISE. IN NO EVENT WILL ANY OF THE PLATTS PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH CONTENT OR THE WEBSITE.


Platts assumes no responsibility for the use of third party software on the Website and shall have no liability whatsoever to any person or entity for the accuracy or completeness of any outcome generated by such software.


5. LINKS TO OTHER WEB SITES

You may, through hypertext or other computer links, gain access to websites operated by persons other than Platts. Such hyperlinks are provided for your reference and convenience only, and are the exclusive responsibility of such websites' owners. You agree that Platts is not responsible for the content or operation of such websites, and that Platts shall have no liability to you or any other person or entity for the use of third party websites. Except as described below, a hyperlink from this Website to another website does not imply or mean that Platts endorses the content on that website or the operator or operations of that site. You are solely responsible for determining the extent to which you may use any content at any other websites to which you link from the Website.


6. THE USER'S CONTENT

The User grants to MHFI the non-exclusive right to use all material submitted, uploaded, or otherwise made available into the Website by the User (other than third party material transmitted through private electronic mail) in any of MHFI’s print or electronic publications (“Other Content”).


Users entering material into the Website are responsible for the Other Content. Neither Platts nor MHFI has any responsibility for Other Content, including the content of any messages or information posted by Users or others, or for the content of information accessible via direct or indirect hyperlinks from the Website. Platts retains the right, which it may exercise in its sole discretion, to review, edit, or delete Other Content that Platts deems to be (i) illegal, (ii) offensive, (iii) in violation of contractual obligations; or (iv) otherwise inappropriate.


You may not input or distribute any material through the Website that is promotional in nature, including solicitations for funds or business, without the prior written authorization of Platts.


The User agrees to indemnify the Platts Parties from all damages, liabilities, costs, charges and expenses, including reasonable attorneys' fees, that the Platts Parties, their employees, and authorized representatives may incur as a result of either: (i) the User's breach of this Agreement or (ii) material entered into the Website with the use of the User's username or password.


7. ANTI-HACKING PROVISION

You expressly agree not to:

  • use the Website for any purpose that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation;
  • use or attempt to use any “deep-link,” “scraper,” “robot,” “bot,” “spider,” “data mining,” “computer code” or any other automated device, program, tool, algorithm, process or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of the Website or the Content found on or accessed through the Website without prior express written consent;
  • obtain or attempt to obtain through any means any materials or information on the Website that have not been intentionally made publicly available either by their public display on the Website or through their accessibility by a visible link on the Website;
  • in any way bypass or circumvent any other measure employed to limit or prevent access to the Website or its Content;
  • violate the security of the Website or attempt to gain unauthorized access to the Website, data, materials, information, computer systems or networks connected to any server associated with this Website, through hacking, password mining or any other means;
  • interfere or attempt to interfere with the proper working of the Website or any activities conducted on or through the Website, including accessing any data, content or other information prior to the time that it is intended to be available to the public on the Website;
  • exceed three thousand (3,000) symbol calls in any single request for data, or request the same data more frequently than once every sixty (60) seconds; or
  • take or attempt any action that, in the sole discretion of this Website’s operators, imposes or may impose an unreasonable or disproportionately large load or burden on the Website or such operation’s infrastructure.


8. ADDITIONAL LEGAL TERMS

Platts may discontinue or change the Website or its availability to you, at any time. These Terms of Use will survive any such discontinuation.


Except as noted below, these Terms of Use constitute the entire agreement between the parties relating to the Website and supersedes any and all other agreements, oral or in writing, with respect to the Website. The failure of Platts to insist upon strict compliance with any term of these Terms of Use shall not be construed as a waiver with regard to any subsequent failure to comply with such term or provision. The Terms of Use are personal to you, and you may not assign your rights or obligations to anyone. If any provision in the Terms of Use is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect.


Platts makes available to its subscribers certain products and services for which it charges a fee, pursuant to the then-current standard form of Platts’ Master Subscription Agreement (“MSA”). The provision and use of such products and services shall be subject to and governed by the MSA. In the event of a conflict between these Terms of Use and terms in the MSA concerning the Website, the terms and conditions of the MSA shall govern and control.


These Terms of Use, your rights and obligations, and all actions contemplated by these Terms of Use shall be governed by the federal laws of the United States of America and the laws of the State of New York, without giving effect to the conflicts of laws provisions thereof, as if the Terms of Use were a contract wholly entered into and wholly performed within the State of New York, and any litigation related to these Terms of Use shall be brought exclusively in any court located in the County of New York, State of New York. All rights not expressly granted herein are reserved.


Click here for the MHFI Corporate Privacy Policy and MHFI’s Terms of Use.




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