The Website and the content and services provided on the Website are only intended to be used by individuals that are eighteen years of age or older. If you are not eighteen years of age or older do not access or use the Website.
You also cannot use the Website if you are prohibited from accessing or using any other services or products provided by S&P Global Inc. or any of its affiliates.
1. USE OF THE WEBSITE
1.2 Additional Terms Applicable to Platts LIVE
a) Functionality. You acknowledge and agree that Platts LIVE is a professional and social network site for users who register via the site. Platts LIVE integrates with other instant messaging services.
b) Hosting. Platts LIVE is hosted by a third party vendor. Platts retains no responsibility or liability to you or any third party for the availability of Platts LIVE, nor does it have any responsibility or liability to you or any third party for the security of Platts LIVE.
d) Fees. Platts will not charge for use, access or registration to Platts LIVE. However, you are responsible for your carrier data plans, internet access fees and other fees and taxes associated with your use of Platts LIVE.
e) User's Agreements and Covenants.
i. You shall not utilize Platts LIVE to post or distribute any content that contains explicit or graphic descriptions or accounts of sexual acts or that is threatening, misleading, discriminatory, inaccurate, untrue, abusive, harassing, defamatory, libelous, deceptive, racist, fraudulent, invasive of another person's privacy, infringing, tortious or that contains unsubstantiated rumors or misrepresentations. You shall not post or distribute any content via Platts LIVE unless you own such content or otherwise have obtained the right to post or distribute such content. You shall not transmit junk mail, chain letters spam or unsolicited mailings via Platts LIVE and shall not use Platts LIVE to transmit instructions regarding illegal activities.
ii. You may not input or distribute any material through Platts LIVE that is promotional in nature, including solicitations for funds or business.
iii. You acknowledge and agree that neither Platts nor any Platts affiliate monitors the content posted or distributed via Platts LIVE, and you are solely responsible for verifying the accuracy of all third-party content posted or distributed via Platts LIVE.
vi. You further acknowledge that you agree to the terms of the licenses in Section 3 below, as a condition to your access to and use of Platts LIVE.
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 the Website should be construed as granting any license or right whatsoever 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 firstname.lastname@example.org. 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 (in accordance with the instructions below) and Platts will address your concerns in accordance with the Digital Millennium Copyright Act. The written notice of infringement must include:
• 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 S&P Global Legal Department, 55 Water Street, NY, NY 10041-1003, or Plattslegalnotices@spglobal.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. THE USER'S CONTENT
3.1 — You grant to S&P Global the non-exclusive, perpetual, transferable, sublicensable, worldwide, royalty-free right and license to host, use, distribute, modify, enhance, run, copy, publicly perform and display, translate and create derivative works of and to all information, data, content and material submitted, uploaded, shared or otherwise made available on the Website by you on the Website and in any of S&P Global's and/or any of its affiliates' and/or divisions' print or electronic publications, services or web sites ("Your Content"). As between you and Platts, you own the intellectual property rights in Your Content that you create and share on the Website. Subject to applicable laws, regulations and court orders, you have the right to remove any of Your Content from Platts LIVE by deleting your profile (go to the Profile tab in Platts LIVE and click on 'Delete my profile'), and/or by clicking on the trash icon next to your post on Platts LIVE to delete that specific post. Subject to applicable laws, regulations and court orders, your removal of Your Content from publicly displaying on the Website may not result in the deletion of all of Your Content from Platts' systems or backup files.
3.2 — In entering material into the Website, you are responsible for the Your Content. Neither Platts nor S&P Global has any responsibility for Your Content, including the content of any messages or information posted by you or others, or for the content of information accessible via direct or indirect hyperlinks from the Website.
3.4 — Subject to Section 1.2(e)(ii), 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.
5. REGISTRATION PROCEDURES
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 https://spglobal-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 your account 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 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.
TAX — Any fees and charges quoted are exclusive of all applicable value-added, sales, use and similar taxes. All payments made shall be made free and clear of, and without deduction or withholding for taxes imposed by any governmental authority.
6. LIMITATION OF LIABILITY
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 S&P GLOBAL 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, THIRD PARTY CONTENT, OTHER CONTENT (AS DEFINED IN SECTION 3 ABOVE), OR ANY SITES, DATA, INFORMATION, CONTENT, SOFTWARE OR 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, INCIDENTAL, PUNITIVE 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, THE SERVICES OR PRODUCTS PROVIDED ON THE WEBSITE, THE CONTENT, THE THIRD PARTY CONTENT OR YOURCONTENT AND EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. NONE OF THE PLATTS PARTIES WILL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY RESULTING FROM USE, IN WHOLE OR PART, OF THE WEBSITE, THE SERVICES OR PRODUCTS PROVIDED ON THE WEBSITE, THE CONTENT, THE THIRD PARTY CONTENT OR YOUR CONTENT, 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. A reference to a particular investment, security, rating or any observation concerning a security or investment proVIDED ON THE WEBSITE is not a recommendation to buy, sell or hold such investment or security or make any other investment decisions AND DOES NOT ADDRESS THE SUITABILITY OF ANY INVESTMENT OR SECURITY. YOU should NOT rely on any information contained ON THE WEBSITE in making any investment or other decision. THE WEBSITE IS NOT A SUBSTITUTE FOR THE SKILL, JUDGMENT AND EXPERIENCE REQUIRED IN MAKING INVESTMENT AND OTHER BUSINESS DECISIONS.
Any breach of these terms by you may be enforced by Platts by means of equitable relief (including, but not limited to, injunctive relief (including temporary and preliminary relief)), without the posting of a bond, in addition to any other available rights and remedies.
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. Accessing the Website on a mobile telephone may use a significant amount of data. You are responsible for any carrier or other data charges incurred when accessing the Website on a mobile telephone and Platts will not be liable for any charges you incur. Platts recommends that you check with your network provider if you are unsure of the charges that may apply.
7. PERSONAL INFORMATION
8. LINKS TO OTHER WEBSITES
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. A hyperlink from the 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 solely are responsible for determining the extent to which you may use any content at any other websites to which you link from the Website.
9. 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, the products or services provided on the Website or the Content found on or accessed through the Website without prior express written consent from Platts;
• obtain or attempt to obtain through any means any materials, services or information provided on or through 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, the services and products provided on the Website or its Content;
• violate the security of the Website or attempt to gain unauthorized access to the Website or any data, materials, information, services hosted in connection with the Website, or any computer systems or networks connected to any server associated with the Website, through hacking, password mining or any other means;
• interfere or attempt to interfere with the proper working of the Website, or any services or 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 Platts or the Website's operator(s), imposes or may impose an unreasonable or disproportionately large load or burden on the Website or its operation's infrastructure.
10. SANCTIONS, ANTI TRUST, COMPLIANCE
10.2 — To the best of your knowledge, you represent and warrant that: (i) neither you nor your company nor any affiliates of your company ("Sanctions Parties"), is the subject of any sanctions administered by the Office of Foreign Assets Control of the U.S. Department of the Treasury, the U.S. State Department, the European Union, the United Nations Security Council or other applicable sanctions authority (collectively, "Sanctions"); (ii) the Sanctions Parties are not 50% or more owned or controlled, directly or indirectly, by any person or entity that is the subject of Sanctions; (iii) the Sanctions Parties are not an agency or instrumentality of, or an entity owned or controlled by, the government of a jurisdiction that is the subject of territorial Sanctions, or located, organized, or resident in a country that is the subject of territorial Sanctions; and (iv) no entity 50% or more owned or controlled by the Sanctions Parties' direct or indirect parent(s) is the subject of Sanctions. You will promptly notify Platts if any of these circumstances change. Platts shall have the right to immediately delete your account(s) and block your access to the Website, if Platts determines, in its sole discretion, that Platts is required to do so to comply with applicable law, or that you have breached any of the representations or covenants contained in this Section 10. You shall not distribute or redistribute the Content or Your Content to any person that is the subject of Sanctions.
10.3 — Platts is committed to full compliance with all applicable antitrust laws. In particular, Platts expects you and all users of the Website to be aware of, understand, and comply with all anti-trust laws and not to use the Website or any Content, services or products provided on the Website to co-ordinate their commercial activities. Any activity that could create an appearance of a restriction upon or a distortion of competition must be avoided. Though the following is not an exhaustive list nor is to be taken in any respect as advice on your anti-trust law responsibilities, Platts will not accept any discussions/exchanges of information about any participant's individual, current or future: (1) prices (including discounts, rebates and reductions); (2) costs; (3) profits and profit margins; (4) capacity, output and sales; (5) supply and demand forecasts; (6) market shares and sales territories; (7) investments and marketing plans; or (8) unannounced capital expansion closure plans. Platts reserves the right to remove users who it believes do not comply with anti-trust laws.