PLATTS WEB SITE TERMS & CONDITIONS
These Terms of Conditions were last updated on May 24, 2004.
By accessing and using the Platts web site, platts.com (the “Web Site”) and
completing the registration process, you are agreeing to be legally bound by
these Terms & Conditions. The terms “you” and “User” refer to anyone who accesses
the Platts Web Site.
As you browse through the Platts and The McGraw-Hill Companies, Inc. sites you
posted on such sites. If there is a conflict between these Terms & Conditions
and the other terms and conditions, the other terms & conditions will govern
with respect to use of such pages.
Platts, a division of the McGraw-Hill Companies, Inc. (“McGraw-Hill”)
may change these Terms & Conditions at any time without notice. Changes will
be posted www.platts.com under “Terms & Conditions”.
Your use of the
Web Site after any changes have been posted will constitute your agreement to
the modified Terms & Conditions and all of the changes. Therefore, you should
read these Terms & Conditions from time to time for changes.
1. USE OF THE PLATTS WEB SITE
Platts hereby grants you a non-exclusive, non-transferable,
limited license to access and use the Web Site for the fees, if applicable,
and under the terms set forth below.
The Web Site 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 Web Site, may be used only for your personal
and non-commercial use. Except as otherwise permitted under these Terms &
Conditions, you agree not to copy, reproduce, modify, create derivative works
from, or store any Content, in whole or in part, from the Web Site 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.
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 Web Site
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 Web Site
may be registered or unregistered marks of Platts or others. Nothing contained
on this Web Site should be construed as granting any license or right to use
any of the Marks displayed on the Web Site 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 firstname.lastname@example.org
You may not use the Web Site for any unlawful purpose. You shall honor all
reasonable requests by Platts to protect Platts's proprietary interests in
the Platts Web site.
As part of the registration process, you must select a
username and password and provide Platts with accurate, complete, and updated
information. Failure to do so constitutes a breach of this Agreement, which
may result in immediate termination of your access.
3. LIMITATION OF LIABILITY
You are entirely liable for activities conducted by you
in connection with your browsing and use of the Web Site. If you are dissatisfied
exclusive remedy is to stop using the Content and the Web Site. Platts will
not pay you any damages in connection with your browsing or use of the Web
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 Web Site. THE CONTENT AND THE WEB SITE ARE PROVIDED
“AS IS”, WITHOUT ANY WARRANTIES. NEITHER PLATTS NOR THE McGRAW-HILL COMPANIES
MAKES ANY GUARANTEES OR WARRANTIES AS TO THE ACCURACY, COMPLETENESS, TIMELINESS
OR CURRENTNESS OF OR RESULTS TO BE OBTAINED FROM, ACCESSING AND USING THE
PLATTS WEB SITE, THE PLATTS WEB SITE'S OWN CONTENT, THE OTHER CONTENT, NOR
ANY MATERIAL THAT CAN BE ACCESSED (VIA A DIRECT OR INDIRECT HYPERLINK OR OTHERWISE)
THROUGH THE PLATTS WEB SITE. PLATTS HEREBY DISCLAIMS ANY AND ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE OR USE AND OF NONINFRINGEMENT. NEITHER PLATTS NOR THE
McGRAW-HILL COMPANIES SHALL BE LIABLE TO THE USER OR ANYONE ELSE FOR ANY INACCURACY,
DELAY, INTERRUPTION IN SERVICE, ERROR OR OMISSION, REGARDLESS OF CAUSE, OR
FORANY DAMAGES RESULTING THEREFROM. IN NO EVENT WILL PLATTS, THE McGRAW-HILL
COMPANIES NOR ANY OF THEIR THIRD PARTY LICENSORS 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 PLATTS WEB SITE. NEITHER PLATTS
NOR ANY OF ITS AFFILIATES, AGENTS OR LICENSORS WILL BE LIABLE TO YOU OR ANYONE
ELSE FOR ANY LOSS OR INJURY RESULTING FROM USE OF THE WEB SITE, IN WHOLE OR
PART, WHETHER CAUSED BY NEGLIGENCE, CONTINGENCIES BEYOND ITS CONTROL IN PROCURING,
COMPILING, INTERPRETING, REPORTING OR DELIVERING THE WEB SITE AND ANY CONTENT
AT THE WEB SITE OR OTHERWISE. IN NO EVENT WILL PLATTS, ITS AFFILIATES, AGENTS
OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION
TAKEN BY YOU IN RELIANCE ON SUCH CONTENT OR THE WEB SITE.
Platts assumes no responsibility for the use of third party software on the
Platts site and shall have no liability whatsoever to any person or entity
for the accuracy or completeness of any outcome generated by such software.
4. LINKS TO OTHER WEB SITES
You may, through hypertext or other computer
links, gain access to web sites operated by persons other than Platts. Such
hyperlinks are provided for your reference and convenience only, and are the
exclusive responsibility of such web sites' owners. You agree that Platts
is not responsible for the content or operation of such web sites, and that
Platts shall have no liability to you or any other person or entity for the
use of third party web sites. Except as described below, a hyperlink from
this Web Site to another web site does not imply or mean that Platts endorses
the content on that web site 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 web sites to which you link from the Platts Web Site.
5. THE USER'S CONTENT
The User grants to The McGraw-Hill Companies the non-exclusive
right to use all material entered into the Platts Web site by the User (other
than third-party material transmitted through private electronic mail) in
any of The McGraw-Hill Companies' print or electronic publications (“Other
Users entering material into the Platts Web site are responsible for the Other
Content. Neither Platts nor The McGraw-Hill Companies 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 Platts Web Site. However,Platts retains the right,
which it may or may not exercise in its sole discretion,to review, edit, or delete
Other Content that Platts deems to be illegal,offensive, or otherwise inappropriate.
You may not input or distribute any material through the Platts Web Site that
is promotional in nature, including solicitations for funds or business, without
the prior written authorization of Platts.
The User agrees to indemnify Platts and The McGraw-Hill Companies from all
damages, liabilities, costs, charges and expenses, including reasonable attorneys'
fees, that Platts, The McGraw-Hill Companies, their affiliates, 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 Platts Web site
with the use of the User's screen name or password.
6. ADDITIONAL LEGAL TERMS
This Agreement will continue until terminated by either
Platts or you. Either party can terminate the Agreement by notifying the other
party by telephone or electronic mail of the decision to terminate.
Platts may discontinue or change the Platts Web Site or its availability to
you, at any time.
This Agreement constitutes the entire agreement between the parties relating
to the Platts Web site and supersedes any and all other agreements, oral or
in writing, with respect to the Platts Web Site. The failure of Platts to
insist upon strict compliance with any term of this Agreement shall not be
construed as a waiver with regard to any subsequent failure to comply with
such term or provision. This Agreement is personal to you, and you may not
assign your rights or obligations to anyone. If any provision in this Agreement
is invalid or unenforceable under applicable law, the remaining provisions
will continue in full force and effect. This Agreement, your rights and obligations,
and all actions contemplated by this Agreement shall be governed by the laws
of the United States of America and New York State, as if the Agreement was
a contract wholly entered into and wholly performed within New York State,
and any litigation related to this Agreement shall be brought exclusively
in the federal or state courts in New York County, New York. All rights not
expressly granted herein are reserved.
7. ANTI-HACKING PROVISION
You expressly agree not to use this Web Site in any manner or for any purpose
that is prohibited by these terms and conditions. In addition, you expressly
agree not to:
(1) use the Web Site for any purpose that is prohibited by any law or regulation,
or to facilitate the violation of any law or regulation;
(2) use or attempt to use any “deep-link,” “scraper,”
“robot,” “bot,” “spider,” “data mining,”
“computer code” or any other automated device, program, tool, algorithm,
proc-ess or methodology or manual process having similar processes or functionality,
to access, ac-quire, copy, or monitor any portion of the Web Site or any data
or content found on or accessed through the Web Site without prior express
(3) obtain or attempt to obtain through any means any materials or information
on the Web Site that have not been intentionally made publicly available either
by their public display on the Web Site or through their accessibility by
a visible link on the Web Site;
(4) in any way bypass or circumvent any other measure employed to limit or
pre-vent access to the Web Site or its content;
(5) violate the security of the Web Site or attempt to gain unauthorized access
to the Web Site, data, materials, information, computer systems or networks
connected to any server associated with this Web Site, through hacking, password
mining or any other means;
(6) interfere or attempt to interfere with the proper working of the Web Site
or any activities conducted on or through the Web Site, including accessing
any data, content or other information prior to the time that it is intended
to be available to the public on the Web Site;
(7) take or attempt any action that, in the sole discretion of this Web Site's
operators, imposes or may impose an unreasonable or disproportionately large
load or burden on the Web Site or such operation's infrastructure.