Financial Advisor IQ ThinkTank Terms and Conditions for Publishers
1. By accessing and using the Financial Adviser IQ Think Tank you are agreeing to these terms and conditions (the “Agreement”). If you do not agree with the terms and conditions you should not use the Financial Adviser IQ Think Tank.
2. PLEASE READ THIS LEGALLY BINDING AGREEMENT CAREFULLY. WE RECOMMEND THAT YOU PRINT, STORE OR SAVE A COPY OF IT FOR YOUR RECORDS. It sets out the terms under which your company or organization (“you”) may submit any content, including any research reports, white papers, analysis and studies (Content) to Money Media Inc. for publication on the Financial Adviser IQ Think Tank (Think Tank), and receive certain statistics and data if you pay for Premium Access to the Think Tank. If you are accepting on behalf of your employer or another entity you warrant and represent that: (i) you have full legal authority to bind your employer or the applicable entity to this Agreement; (ii) you have read and understand this Agreement; and (iii) you agree on behalf of the party that you represent to this Agreement.
3. When submitting Content to us, you warrant and represent that:
(a) you have created the Content, or have permission from, or are authorised by, the owner of all parts of the Content to submit it to us for publication on the Think Tank in accordance with the terms set out below;
(b) you are responsible for compliance with the laws of your jurisdiction and the Content does not infringe any applicable legal or regulatory requirements;
(c) the Content is not obscene, threatening, harassing, libellous, deceptive, fraudulent, invasive of another's privacy, offensive, defamatory of any person or otherwise illegal;
(d) the Content you submit is truthful and accurate;
(e) the Content does not infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary or privacy right of any party or individual; and
(f) the Content does not contain software viruses, files or code designed to interrupt, destroy or limit the functionality of the Money Media websites or any computer software or equipment.
4. You, or the owner of the Content, will retain ownership of the copyright so you remain free to re-use it as you wish, but by submitting it to us, you are granting Money Media a right (but not an obligation) unlimited in time to publish, re-use, archive, modify, delete or commercially exploit the Content in whole or in part as we see fit, whether on the Money Media websites or otherwise, without any requirement to pay you for this. This means that you grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free licence to use any Content in whole or in part in any manner and for any purpose whatsoever and without further obligation to you. You also permit any other user to download, access, store, copy and reproduce the Content for that user’s research and current awareness purposes in the normal course of business.
(b) On registration, you must provide Money Media with accurate, complete registration information and Money Media is entitled to rely on any information you provide to it. Money Media shall provide you with access to the Think Tank through the email domains agreed to by you and Money Media in writing prior to the effective date of this Agreement. It is your responsibility to update and maintain changes to the registration information by contacting Money Media at firstname.lastname@example.org. Each registration is for a single user only. On registration, each user will be sent a user name and password ("ID"). Money Media does not permit any other person sharing an ID or access through a single ID being made available to multiple users on a network or within an organization. A separate registration is required for each user within an organization. Money Media may cancel or suspend access to the Think Tank if you or any user does this without further obligation to you or the users.
(c) Your company or organization is responsible for all use of the Think Tank made by its users and for preventing unauthorized use of an ID. If a user wishes to change a username and password, or if you believe there has been any breach of security such as the disclosure, theft or unauthorized use of an ID, you must notify Money Media immediately by e-mailing to email@example.com.
6. If you choose to purchase Premium Access to the Think Tank, you will receive certain aggregated statistics on the overall traffic to your Content. In addition, in the Think Tank Publisher Portal, you may indicate that for a particular item of Content, a user will be asked whether they wish to share their name, company and email address (User Data) with you before they can see that item of Content on the Think Tank. You may only use this User Data for your internal analytical and marketing purposes only, and you warrant and represent that you have, or you will obtain, all necessary consents and permissions from users to use the User Data for such purposes. You will comply with all applicable data protection and privacy legislation in relation to your collection and use of the User Data, and Money Media assumes no responsibility or liability to you arising from your collection and use of the User Data. You may not disclose the User Data to any third party.
7. MONEY MEDIA ACCEPTS NO LIABILITY TO YOU FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF YOUR USE OF THE THINK TANK, ANY CONTENT, AGGREGATED STATISTICS OR USER DATA. MONEY MEDIA SHALL NOT HAVE ANY LIABILITY TO YOU FOR: (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND WHATSOEVER; OR (B) ANY LOSS OF PROFITS, LOSS OF REVENUE, ANTICIPATED SAVINGS, LOSS OF BUSINESS OR LOSS OF DATA, ARISING DIRECTLY OR INDIRECTLY FROM THIS AGREEMENT WHETHER SUCH DAMAGES WERE REASONABLY FORESEEABLE OR ACTUALLY FORESEEN. THE LIABILITY EXCLUSIONS IN THIS SECTION APPLY FOR THE BENEFIT OF MONEY MEDIA, ITS AFFILIATES AND ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS.
8. Without limiting the above, Money Media is not liable for matters beyond its reasonable control. Money Media does not control postal or courier services, telephones, third party communications networks (including Internet Service Providers), the Internet, acts of God or the acts of third parties. You are responsible for obtaining all hardware and communications services needed to access the Think Tank.
9. You will indemnify Money Media, its affiliates and their respective officers, directors, employees, agents, successors and assigns from and against all claims, suits, losses, damages, liabilities, costs and expenses (including reasonable attorneys’ fees) arising out of or in connection with the Content you supply to us or any breach of paragraph 6 above. Money Media, its affiliates, and their respective officers, directors, employees, agents, successors and assigns disclaim any responsibility and assume no liability for any Content submitted by you or any third party.
10. You acknowledge and agree that any views expressed in the Content do not necessarily reflect the views of Money Media and we do not endorse any Content. We have no obligation to check, review, or edit any Content.
11. The publication of Content shall not constitute any form of advice, recommendation, representation, endorsement or arrangement by Money Media and is not intended to be and should not be relied upon by users in making (or refraining from making) any specific business, investment or other decisions. Appropriate independent advice should be obtained before making any such decision.
12. We may, at our discretion, remove Content from the Think Tank at any time and without prior notice to you.
13. If you believe that any Content published on the Money Media websites infringes any legal rights that you or a third party may have, please notify us immediately with specific details by contacting us at firstname.lastname@example.org.
14. Premium Access Subscription Fees, Payment and Cancellations.
(a) If you purchase Premium Access to use the Think Tank, you must provide Money Media with complete and accurate payment information. An invoice (which shall be paid in accordance with its credit terms) will be generated at the point of sale. If Money Media does not receive timely payment or payment authorization or any authorization is subsequently cancelled or refused, it may immediately terminate or suspend access to the Think Tank.
(b) The Premium Access subscription price is the price set out in the Contract Acceptance page where provided or quoted to you by Money Media’s sales team by email or other written correspondence. The subscription price does not include taxes. When required by law, applicable taxes will be included on the invoice. Money Media subscriptions automatically expire at the end of the subscription period unless expressly renewed.
(c) You may not cancel your Premium Access subscription to the Think Tank during the term of your subscription, and you will not be entitled to any refunds.
(d) Money Media reserves the right to suspend or terminate your access to the Think Tank or a user account if you or a user breach the terms of the Agreement, with or without notice, and without further obligation to you. You shall no longer be entitled to use the Think Tank when your subscription is terminated or suspended or when it expires.
(e) If you acquire an entity which has an existing agreement with Money Media (“Acquired Company License”), the fee payable under the Acquired Company License will be added to the subscription fee payable under this Agreement. In the event you acquire an entity that does not have an existing agreement with Money Media, Money Media reserves the right to revise the fee payable under this Agreement before granting access to the users from the acquired company.
(a) This Agreement shall be governed by, and construed in accordance with, the laws of the State of New York, United States of America, without regard to any conflict or choice of law principles and you and Money Media irrevocably agree that the federal and state courts located in New York County, New York shall have the exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with this Agreement.
(b) This Agreement does not confer on you any exclusive rights. Money Media reserves the right to change the terms of the Agreement from time to time. Any changes will become effective as soon as Money Media notifies you of the changes.
(c) This Agreement constitutes the entire agreement between you and Money Media as to the subject matter hereof and supersedes all previous agreements, communications, representations and arrangements unless expressly agreed to otherwise by the parties in writing.
(d) You may not assign, sub-license or otherwise transfer any of your rights under this Agreement.
(e) If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
(f) Failure by either party to exercise any right or remedy under this Agreement does not constitute a waiver of that right or remedy. Headings in these terms and conditions are for convenience only and will have no legal meaning or effect.
(g) Nothing in this Agreement will be deemed to create a partnership, agency, or joint venture between the parties.
Corporate Information; Notices.
(a) The Financial Adviser IQ Think Tank is provided by Money Media Inc., a New York corporation, with its principal offices at 330 Hudson Street, 7th Floor, New York, NY 10013.
(b) Any notice or consent required to be given hereunder shall be made in writing and shall be delivered by hand, recorded delivery or sent by first class post to the other party and shall be deemed to have been received (if delivered by hand or recorded delivery) at the time of the delivery (as evidenced by signature) or (if sent by first class post) 48 hours after posting. Any such communication made by Money Media shall be sent to your address provided to Money Media for invoicing purposes. Any such communication made by you to Money Media shall be sent to the attention of the applicable publication at the address specified in 16(a) above with a copy to General Counsel, Money Media, Number One Southwark Bridge, London SE1 9UL, United Kingdom.