1. USE OF THE WEBSITE
You agree not to remove, obliterate, copy, reproduce, modify, adapt, display, perform, publish, distribute, transmit, broadcast, circulate, create derivative works from, store, or link to the Website or any Content without the express prior written consent of Trucost (which may be in the form of an email). To request consent for uses such as linking to Content on your website, please contact Trucost at Trucostinfo@spglobal.com. Without limiting the foregoing, the Content may not be used in connection with the creation, structuring, development, calculation, compilation, publication or distribution of any financial instrument or product (including, without limitation, passively managed funds and indexed-linked derivative securities) nor to create any derivative works nor to create any other data or index or investment strategy.
2. INTELLECTUAL PROPERTY RIGHTS OF TRUCOST
Trucost is an affiliate of S&P Dow Jones Indices LLC (“SPDJI”) and Trucost and SPDJI are members of a group of companies headed by S&P Global Inc. The Website and the Content are the property of Trucost, its affiliates, or their third party licensors, and are protected by copyright and other applicable 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 Trucost, its affiliates, or their third party licensors. 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 Trucost or the third party owner of such Marks.
3. CONTRIBUTIONS TO THIS WEBSITE
Where you elect, or are invited, to submit any contribution or material to the Website (including any text, message board content, photographs, content, graphics, video, audio or logo) (“Contribution”) or otherwise consent to the use of the Contribution, then by submitting or consenting to its use, you grant Trucost, and its affiliates, a perpetual, royalty-free, non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, make available to the public, and exercise all copyright and publicity rights with respect to your Contribution worldwide and/or to incorporate your Contribution in other works in any media now known or later developed for the full term of any rights that may exists in your Contribution. If you do not want to grant Trucost the rights set out above, please do not submit your Contribution to the Website. Trucost shall have no liability to you for any misuse by any third party of any Contribution that is distributed by Trucost through the Website or in respect of any infringement of the intellectual property rights in any Contribution by any third party.
By submitting your Contribution to the Website, you:
- Warrant and represent that your Contribution:
- is your own original work and that you have the right to make it available to Trucost for all the purposes specified above and that it does not breach or infringe anyone else’s rights, such as copyright or is in any way illegal;
- is not defamatory, libelous, obscene, menacing, threatening, offensive, abusive, fraudulent or criminal;
- will not and does not contravene any relevant local, national or international law or incite or encourage the contravention of any such law;
- is not related to the conduct of a business;
- does not advertise or market anything in any way; and
- is not otherwise offensive;
- agree to indemnify and keep Trucost indemnified on demand against all legal fees, damages and other expenses that may be incurred by Trucost as a result of your breach of the above warranty; and
- agree to waive any moral rights in your Contribution for the purposes of its submission to and publication on the Website and the purposes specified above to the fullest extent permitted by law.
- We reserve the right to identify you in response to a court order or threat of legal action.
- If you see any information on the Website that breaches your or anyone else’s rights or may be illegal, defamatory or otherwise should be removed, let us know immediately by emailing Trucost at Trucostinfo@spglobal.com and, where we agree, we will do our best to remove it as soon as possible.
- We reserve the right to remove any Contribution from the Website (including any text, message board content, photographs, graphics, video, audio or logo) at any time and without notice and shall not be obliged to give a reason for doing so. In the event that we remove any Contribution from the Website we shall in no way be liable for any loss, liability, cost or expense suffered by you as a result (whether direct or indirect) of such removal.
- You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We reserve the right to report any such breach to the relevant law enforcement authorities and in such an event we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it.
4. ANTI-HACKING PROVISION
You expressly agree not to:
- use or attempt to use any “deep-link,” “scraper,” “robot,” “bot,” “spider,” “data-mining,” “computer code”, “agent”, “crawl” or any other automated device, program, tool, algorithm, process, or methodology, technology or manual process having similar processes or functionality as the aforementioned data extraction tools, to access, acquire, copy, or monitor any portion of the Website, or Content found on or accessed through the Website or any Contribution without the prior express written consent of Trucost;
- 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;
- violate the restrictions in any robot inclusion headers on this Website or in any way bypass or circumvent any other measure employed by Trucost or its affiliates 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, its Content and Contributions, or the computer systems, networks or servers of Trucost or its affiliates, 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; and/or
- take or attempt any action that, in the sole discretion of Trucost, imposes or may impose an unreasonable or disproportionately large load or burden on the Website or Trucost’s infrastructure.
6. LIMITATION ON WARRANTIES AND LIABILITY
The opinions, observations, and analysis of Trucost and its affiliates contained in the Content are statements of opinion as of the date they are expressed and not statements of fact or recommendations to purchase, hold, or sell any securities or make any investment decisions. Trucost assumes no obligation to update any Content following publication. Users of the Content provided through this Website should not rely on any of it in making any investment decision. Trucost’s opinions, observations and analyses do not address the suitability of any security. Trucost does not act as a fiduciary or an investment advisor. While Trucost has obtained information from sources it believes to be reliable, Trucost does not perform an audit of such information and undertakes no duty of due diligence or independent verification of any information it receives.
7. ADDITIONAL LEGAL TERMS
We cannot guarantee the continuous, uninterrupted or error-free availability or operability of the Website, including the Content. There may be times when all, or certain features, or parts, of the Website, including the Content, becomes unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by us, in our sole discretion, without notice to you. You agree that we will not be liable to you or to any third party for any unavailability, modification, suspension or withdrawal of the Website, or any features or parts of the Content.
When using the Website, data may be transmitted over an open network which may allow such communications to be intercepted by third parties. As a result, we cannot guarantee the confidentiality or security of any communication or data that you may transmit to us through the Website.
8. DIGITAL MILLENNIUM COPYRIGHT ACT NOTIFICATION OF CLAIMS OF INFRINGEMENT
If you believe that Content or Contribution published on this Website is infringing, please notify Trucost at Trucostinfo@spglobal.com. You may also send a notice to S&P Trucost Limited, 20 Canada Square, London E14 5LH Attn. Legal Department. We will respond expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of the infringing activity.