WEBSITE TERMS AND CONDITIONS
IMPORTANT LEGAL NOTICE
ATTENTION: This legal notice applies to the entire contents of the Websites under the domain names Fastmarkets.com, BaseMetals.com, TheBulliondesk.com or MinorMetals.com (the ‘Website’) and to any correspondence by e-mail between us and you. Please read these terms carefully before using the Website. Using the Website indicates that you accept these terms regardless of whether or not you choose to register with us. If you do not accept these terms, do not use the Website. This notice is issued by FastMarkets Ltd (the ‘Company’).
1.1 By accessing any part of this Website, you shall be deemed to have accepted these terms in full. If you do not accept these terms in full you must leave this Website.
1.2 We reserve the right to change these terms at any time without prior notice. You should check this Website regularly to review the terms because they are binding on you. Certain provisions of these terms may be superseded by expressly designated legal notices or terms located on particular pages at this Website.
1.3 This Website is Copyright © FastMarkets Ltd. FastMarkets Ltd is registered in England & Wales with registration number: 03879279. Its registered office is at: 2 More London Riverside, London, SE1 2AP. Its VAT number is: GB 750 6421 49.
2. Website Access
2.1 We do not guarantee that access to this Website will be continuously available and will not be liable if for any reason (including but not limited to) the Website being suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company’s control.
2.2 We reserve the right to withdraw or restrict access to the Website without notice for any user who is registered with us and/or is deemed to be in breach of these terms.
3.1 You will not use the Website for any purpose that is unlawful or prohibited by these terms.
3.2 You must not misuse the Website site by knowingly introducing viruses, trojans or any other material which is malicious or technologically harmful in breach of the Computer Misuse Act 1990.
3.3 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.
4. Links to Third Party Websites
4.1 The Website may include links to third party websites that are controlled and maintained by others. Any link to any other website is not an endorsement of such website and the Company accepts no responsibility or liability for any material supplied by or contained on any third party websites linked from or to this website.
5. Linking to our Website
5.1 You may link to our home page, provided you do so in a way that is fair and legal and does not seek to damage our reputation or take undue advantage of it or suggest that any form of association or endorsement exists on our part when this is not the case. We reserve the right to withdraw linking permission without notice.
This right is subject to the following conditions:
(a) you must not establish a link from any website that is not operated by you;
(b) you must not replicate the home page of our Website;
(c) you do not remove, distort or otherwise alter the size or appearance of the FastMarkets logo;
(d) you do not create a frame or any other browser or border environment around this Website;
(e) you do not in any way imply that the Company endorses any products or services other than our own;
(f) you do not otherwise use any trade marks or material subject to copyright displayed on this Website without our express written permission;
(g) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
6. Intellectual Property Rights
6.1 The Intellectual Property Rights in this Website and the materials on or accessible via it belong to the Company and/or our licensors. The Website and the materials on or accessible via it and the Intellectual Property Rights therein may not be copied, distributed, published, licensed, used or reproduced in any way save to the exception that you are permitted to print and download extracts from the Website for your own use subject to the following conditions:
(a) no documents or related graphics on this Website are modified in any way;
(b) no graphics on this Website are used out of context or separate from any relevant accompanying text; and
(c) any of our copyright and trade mark notices and this permission notice appear in all copies.
6.2 Subject to clause 6.1, no part of this Website may be reproduced then stored in any website or included in any public or private electronic retrieval system or service without our prior written permission.
6.3 If your permission to use this Website is terminated in accordance with clause 2.2 you must immediately destroy any downloaded or printed extracts from this Website.
For these purposes “Intellectual Property Rights”includes the following: any patent, trade mark, trade name, service mark, service name, design, design right, copyright, database right, moral rights, know how, trade secret and other confidential information, rights in the nature of any of these items in any country, rights in the nature of unfair competition rights and rights to sue for passing off or other similar intellectual or commercial right (in each case whether or not registered or registerable) and registrations of and applications to register any of them.
8. Reliance on Website Material
8.1 Although we have taken due care in compiling this Website, the materials on or accessible via our website are provided without any guarantees, conditions or warranties as to its accuracy. The Company accepts no liability whatsoever for any errors, inaccuracies or omissions.
8.2 The materials on or accessible via our website are not intended to amount to advice on which any reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any user of our site, or by anyone who may be informed of its contents.
9. Alteration to Website
9.1 We may make changes to our Website or the services advertised at any time and reserve the right to suspend access to this site in such a case.
9.2 Any of the material on our Website may be out of date at any given time and we make no warranty that the defects will be corrected.
10.1 To the extent permitted by law, the Company, other members of our group of companies and third parties connected to us will not be liable for any indirect or consequential loss or damage (including without limitation loss of business, opportunity, data, profits, goodwill, anticipated savings) or any other loss or damage of any kind whether caused by tort, breach of contract or otherwise, even if foreseeable, arising out of or in connection with the use of the Website.
10.2 The Company makes no warranty that that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
10.2 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
10.3 Nothing in these terms and conditions shall be construed so as to exclude or limit the liability of the Company or members of our group of companies for death or personal injury as a result of the negligence of the Company or members of our group of companies or that of its employees or agents.
11.1 You agree to indemnify and hold the Company and members of our group of companies and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against the Company arising out of any breach by you of these terms and conditions or other liabilities arising out of your use of this Website.
12. Applicable Law and Dispute
This Agreement and all matters arising from it are governed by and construed in accordance with the laws of England and Wales. Disputes arising in connection with this Agreement shall be subject to the exclusive jurisdiction of the English courts
13. RSS Feed Terms and Conditions
By downloading or using a FastMarkets RSS or Atom Feed (the “RSS Feed”) you agree to be bound by the terms of the following licence (the “Licence Terms”).
FastMarkets may amend the Licence Terms from time to time and you should therefore review the Licence Terms each time you download the RSS Feed. By using the RSS Feed after such amendment you agree to be bound thereafter by the amended Licence Terms.
Unless stated otherwise, the copyright and other intellectual property rights in all text, images and other material within an RSS Feed are owned by the FastMarkets or its licensors and may not be reproduced without prior written permission.
See also Section 6 on Intellectual Property Rights.
While all reasonable efforts are made to ensure that the content of the FastMarkets’s RSS Feeds are accurate and up-to-date, all content, services and materials are provided “as is” and the FastMarkets reserves the right to amend, add to or remove these at any time. While the FastMarkets tries to make RSS Feeds available 24 hours a day, it reserves the right to rename, suspend or withdraw access, without notice, to either the whole or part of these services, for any reason.
Subject to these Licence Terms, the FastMarkets grants you a free, non-exclusive, non-transferable, non-sublicensable licence to display on your website (the “Website”) the headlines, links and other information or materials that you select to receive from the FastMarkets via the RSS Feed (“FastMarkets Content”).
Except as expressly set out in these Licence Terms, you do not gain any ownership rights over the FastMarkets Content or the RSS Feed. You may not use any FastMarkets logo or trademark on your Website without the FastMarkets’ specific and written consent. Nothing in these Licence Terms shall be treated as giving any such consent.
13.4 Relationship with the FastMarkets’s Website Terms and Conditions
The terms set out in the FastMarkets’s Website Terms and Conditions document apply to the RSS Feed in addition to these Licence Terms. If there is any conflict between the Terms and Conditions and the Licence Terms, the Licence Terms shall prevail.
13.5 Use of the RSS feed
You may not use the RSS Feed or display any FastMarkets Content on any Website that displays or contains information in the following categories:
- Information that the FastMarkets considers is likely to incite hatred or that constitutes or encourages discrimination based on race, ethnicity, sexuality, gender, religion, political affiliation, social class or otherwise;
- Information that promotes, facilitates or condones anti-social behaviour; criminal or illegal behaviour; intimidation; violence, terrorism; vigilantism; or that risks UK national security;
- Information that is misleading, defamatory, pornographic or actionable at law;
- You must not pass off FastMarkets Content as your own or anyone else’s and must ensure that the FastMarkets is clearly credited for FastMarkets Content on your Website. Accreditation should be “From FastMarkets.com”;
- You must not make any commercial use of the Feed and FastMarkets Content and must not make any charge (including in-kind) for accessing the FastMarkets Content and using the RSS Feed.
- You must provide a functional link back to the FastMarkets website.
- Publish the feed as it is made available on FastMarkets.com, so that you only include the headline and teaser content, and ensure that the headline links back to the full text article on Fastmarkets.com.
- You must not change the FastMarkets Content in any way, or add any material to it.
- You may use the RSS Feed in a ‘mashup’ application (an application that combines data or functionality from two or more sources into a single application) so long as these Licence Terms are adhered to.
- You must pass on the same Licence Terms to anyone gaining access to the RSS Feed or FastMarkets Content via the Website.
- Should you receive any enquiries which relate to the FastMarkets or the FastMarkets Content you should promptly refer such enquiries to our editorial team
- Remove the pages you have syndicated feeds on from search. Use a robots.txt file to tell search engine spiders not to index the pages that have syndicated feeds on them. You should do this because duplicated content can cause the original content owner problems with search engines.
13.6 Endorsement by the FastMarkets
Nothing in these licence terms shall be treated as an endorsement by the FastMarkets of the Website or any material on or accessible via the Website and you must not state or imply anything to the contrary.
13.7 Warranty and Liability
You agree that:
- you have fully complied with and will continue to comply fully with all applicable laws and regulations;
- the Website shall not contain information that is actionable at law, obscene, pornographic or that may, in the FastMarkets’ sole opinion, bring the FastMarkets into disrepute.
- you agree to indemnify the FastMarkets and keep the FastMarkets fully and effectively indemnified in respect of all losses, costs (including legal and professional fees), damages, monies paid in settlement and other liabilities whatsoever, arising out of or in connection with a breach by you of the Licence Terms or use of the RSS Feed and FastMarkets Content.
You may terminate this licence at any time by destroying or removing all copies of the RSS Feed and all FastMarkets Content from your Website, hard drives, networks and other storage media. FastMarkets may terminate this licence at any time, for any reason without liability to you. You agree to destroy all copies of the RSS Feed and FastMarkets Content upon receiving notice of such termination.