Citywire

TERMS OF SERVICE

Terminology
"Service" - The information, other content and services provided on the Sites including the Free Service and the Subscription Service.
"Citywire" – Citywire Financial Publishers Limited and Citywire the Operator and Copyright Holder respectively of the all the websites operated by Citywire Financial Publishers Limited ("the Sites") including but not limited to www.citywire.co.uk, www.citywire-fmi.com, www.nmablog.com
"Sites"- The websites operated by Citywire including but not limited to www.citywire.co.uk, www.citywire-fmi.com, www.nmablog.com.
"Content" - All information, data, graphics and services found on the Sites.
"Username" - Your chosen name for your registered account on the Sites.
"Password" - Your chosen combination of letters and numbers that you use to access the Sites.
"Email a Friend" - A facility within the Service which allows a User to send a copy of an article found on the Sites to a non-Registered User.
"Registration" - The process of obtaining a Username and Password for use on the Service, and "Register" and "Registering" shall be construed accordingly.
"Registered User" - Anyone who has successfully Registered on the Sites who has a valid Username and Password
"Visitor" - Anyone who has not Registered on the Sites and therefore does not have a valid Username and Password but who uses the Sites and may only have limited accesses to the Sites.
"User" - A Registered User or a Visitor.
"Profile" - Information provided by Registered Users about themselves.
"Discussion Boards" - A facility within the service which allows a User to publish their views.
"Post" - Any content a User contributes to Discussion Boards on the Sites.
"Free Service" - The part of the Service which is not the Subscription Service.
"Subscription Service" - The part of the Service (as determined by Citywire from time to time) which can only be accessed by Registered Users who have paid the Subscription Charges.
"Subscription Charges" - The charges to be paid by the Registered User for use of the Subscription Service as determined by Citywire from time to time.
"Spam" - Any message promoting an unsolicited service or product.
"Hyperlink" - A "click-able" link to other content on the world wide web.
"T.O.S." - Terms of Service as contained herein.
"Service Co-ordinator" - Email: support@citywire.co.uk. Telephone: 0207 840 5100.
General
1. You may only use the Service for lawful purposes.
2. The Citywire Privacy Policy forms a part of this Terms of Service and explains how information collected during Registration and general use of the Sites may be used by the operator and copyright holder for Citywire.
Registration
1. You may register for the Subscription Service and/or for the Free Service. By Registering for any of the Services, you agree that all information provided by you is accurate and agree to be bound by these T.O.S. (including paying the Subscription Charges if applicable).
2. You agree to abide by the following terms (as applicable):
  1. General
    1. You agree to protect and keep secret your Password at all times and agree not to allow any third party directly or indirectly to use your membership, user name or password.
    2. You agree NOT to attribute any materials, data or information which you have obtained from the Service to Citywire in any non Citywire bulletin boards, Discussion Boards or online communities.
    3. You acknowledge that a breach of Citywire's intellectual property rights may give rise to civil damages and criminal penalties.
  2. Non-corporate users and individuals
    1. You agree to maintain only one active Registration for the Free Service.
    2. You may only copy information from the Free Service for personal use and shall not re-distribute any information from the Free Service except through facilities provided by Citywire such as, but not limited to, Email a Friend.
    3. You may copy the information from the Subscription Service for personal use but you may not distribute any such information to any third parties, in whatever medium or manner.
  3. Corporate or Commercial users
    1. The right to use the Subscription Service is strictly personal to the Registered User named in the Registration. If the Registered User named in the Registration is an organisation, the organisation must nominate a single user who will be the only person who may use the Service.
    2. You may not allow any other individual (even within your organisation) to directly or indirectly use the Service (including distributing via email, hard copy etc). In order for any non-Registered Users to use the Service, they must register separately for the Service and if applicable pay for the relevant Subscription Charges. If you do not comply with this obligation, you acknowledge that Citywire is entitled to charge you an amount equivalent to the relevant Subscription Charges in respect of each non-Registered User to whom you have distributed any materials to or allowed to use the Service. For the avoidance of doubt, nothing in this provision shall prejudice any other rights or remedies that Citywire has under this agreement or otherwise or operate to grant you a licence or membership under these T.O.S.
    3. You may not distribute any information in the Service to any non-Registered User.
    4. The Email a Friend facility is for personal usage and not for corporate or business purposes of any nature, including but not limited to, circulating clients, colleagues or potential clients with stories on Citywire, without written permission from Citywire and payment of the appropriate fee.
    5. You hereby agree to the use by Citywire of comments included by you in the Email a Friend facility ("Content") for promotional purposes and hereby licence Citywire to use any intellectual property rights that you may have in such Content for these purposes
Subscription Charges
1. You agree to pay the Subscription Charges set out in the Registration if you are subscribing to the Subscription Service. Except as provided expressly otherwise, the Subscription Charges are exclusive of VAT which you shall pay in addition.
2. You also agree to pay such additional amounts as described in paragraph 3.2.3 (b) above in the event that you are in breach of said paragraph.
Citywire's Rights.
Citywire reserves the right to:
1. modify, alter, change or withdraw any part of the Service, whether temporarily or permanently, with or without notice to you and you confirm that any such modification, alteration, changes or withdrawal by Citywire shall be without any liability to you EXCEPT THAT if there are any modification, alteration, changes or withdrawal of any part of the Subscription Service permanently, you will be given an opportunity to cancel your membership and receive a refund of the outstanding portion of the Subscription Charges;
2. change the Subscription Charges from time to time provided always that you will be given an opportunity to decide whether or not you wish to continue with membership of the Subscription Service. If you decide to cancel your membership you will receive a refund of the outstanding portion of the Subscription Charges; and
3. change the T.O.S. (except for Subscription Charges) from time to time. Any such changes will be displayed on the website. Your continued use of any part of the Service following such change shall be deemed to be your acceptance of such amended T.O.S. You acknowledge that you are solely responsible for checking these T.O.S. from time to time to see the changes which have been made to these T.O.S. If you do not accept any such changes you should stop using the Service.
Intellectual Property Rights
You acknowledge and agree that all copyright, trade marks and other intellectual property rights in all material, content or information supplied as part of the Service shall remain at all times vested in Citywire and/or its licensors. You are only permitted to use the service in accordance with paragraph 3 above.
Discussion Boards and Blogs (Discussion Boards)
1. Participation in Citywire's Discussion Boards is subject to compliance with the T.O.S. You accept that content within these Discussion Boards is not published by Citywire and that Citywire does not endorse any of the material contained in the Discussion Boards and that the content contained within these boards does not form part of the FSA regulated content within the Sites.
2. Citywire does not moderate or actively review, censor or edit Posts on the Discussion Boards. Citywire does, however, reserve the right to review, censor or remove any Post at any time without notice.
3. The Service allows Users to add Hyperlinks in their Posts; you accept that Citywire cannot be held responsible for the availability of this information. You accept that you are fully and exclusively responsible for loss or damage when attempting to use these Hyperlinks.
4. You accept that Posts from individuals may be unintentionally or intentionally misleading, deceptive or mistaken. You also accept that individuals may not be whom they claim to be. If you suspect you are being impersonated, you should contact Citywire's service co-ordinator.
5. You accept that Citywire does not check the accuracy of information supplied by Users in their profiles.
6. You accept that you cannot use the Discussion Boards for any commercial purpose.
7. If you believe that a Post contains material that violates the T.O.S., you may report your views to our Service Co-ordinator.
8. You may not use Discussion Boards on the Sites to:
  1. post abusive, vulgar, obscene, harassing, threatening, hateful, fraudulent, defamatory, sexually explicit, or unlawful material;
  2. provide hyperlinks within your Posts to any external material containing abusive, vulgar, obscene, harassing, threatening, hateful, fraudulent, defamatory, sexually explicit, or unlawful material;
  3. post messages that intentionally make false or misleading statements about financial instruments or their price and potential;
  4. advertise investment services;
  5. publish junk mail, spam, chain letters or any other unsolicited marketing material;
  6. publish third-party copyrighted information;
  7. impersonate any person or organisation or misrepresent your affiliation with any person or any thing;
  8. post messages that offer to buy, sell or broker an investment;
  9. intentionally violate the rules of the London Stock Exchange or the Financial Services Authority.
9. You grant and assign to us and our successors a non-exclusive, worldwide, royalty-free, perpetual and irrevocable license to use, display, distribute and reproduce in whole or in part in any media any Posts you may publish in the Discussion Boards.
Right to Cancel
Your Registration and Subscription to the Service is governed by the Consumer Protection (Distance Selling) Regulations 2000. You have a right to cancel your subscription within 7 days of your Registration provided that you have not logged in or attempt to log in to the Subscription Service. In order to cancel you must notify Citywire by email to support@citywire.co.uk giving the following details: Citywire Username, First Name, Last Name and Contact Phone number.
Limited Warranty
1. Citywire will use reasonable endeavours to maintain the Service. You will not be eligible for any compensation because you cannot use any part of the Free Service or for any failure of the Service as a result of an event beyond Citywire's reasonable control. In respect of material failure of the Subscription Service your sole and exclusive right and remedy against Citywire is an extension of your membership free of additional charge for the amount of time that there was a material failure of the Subscription Service.
2. Neither Citywire nor its employees assume any responsibility or liability for the accuracy or completeness of the information contained on the Sites. Citywire shall not be liable for loss of profits, direct or indirect damages resulting from your use of the Service. Citywire makes no claims for the usefulness of the content of the Sites for any particular purpose.
3. No information obtained by you through use of this Service shall create any warranty.
4. You acknowledge and agree that any information that you receive through use of the Service is provided on an "as is" and "as available" basis without representation or endorsement of any kind and is obtained at your own risk. You agree that you are solely responsible for any damage to your computer system and/or loss or damage to your data files through use of this Service or by the use of hypertext links on the Service to external information.
5. Subject to paragraph 7.1 and to the maximum extent permitted by law, Citywire excludes all warranties, conditions or other terms, whether express or implied, whether by statute, case law, custom or otherwise in relation to the Service, including without limitation as to satisfactory quality, fitness for particular purpose, non-infringement, compatibility, accuracy, or completeness.
6. Notwithstanding any other provision in these T.O.S., nothing herein shall limit your rights as a consumer under English law.
Limitation of Liability
Subject to paragraph 9.1 above and to the maximum extent permitted by law, Citywire will not be liable in contract, negligence or otherwise for any liabilities, damages or losses (whether direct or indirect) you may suffer as a result of using the Service. Citywire does not limit liability for fraudulent misrepresentation, death or personal injury arising from Citywire's negligence.
Indemnification
You agree to indemnify us from any actions, claims or liabilities arising from your use of the Service (including the Discussion Boards). You agree that you are responsible for your own investment decisions and that you are responsible for assessing the suitability and accuracy of all information and for obtaining your own advice thereon. You recognise that any information given on the site is not related to your particular circumstances.
Termination
You agree that Citywire may terminate your membership and restrict your access to the Service (or part thereof such as the Subscription Service or the Discussion Boards) without prejudice to any other rights or remedies that Citywire may have if: Citywire is of the reasonable opinion that you have breached these T.O.S or acted inconsistently with the spirit of these terms and conditions; or in the case of a Registered User of the Subscription Service fails to pay the relevant Subscription Charges.
Jurisdiction
These T.O.S. are governed by, and shall be construed in accordance with, the laws of England and Wales and you hereby submit to the exclusive jurisdiction of the English courts in the event of any dispute in connection with the Service or these T.O.S.

DISCLOSURE PAGE AND WARNING RELATING TO SITE DISCUSSION BOARDS

The Discussion Boards are provided for the convenience of users as an information sharing venue. It does not constitute an investment advertisement or advice.
The operator takes no responsibility for information posted on the Discussion Boards.
The Discussion Boards is for private use only and not for commercial use. Users are responsible for ensuring that any information or views expressed do not breach copyright, are libelous or offensive and do not constitute infringement of insider dealing regulations or confidentiality agreements.
Readers should treat any information posted on the Discussion Boards with extreme caution. They should recognise that it has not be issued or approved by any regulated person and may not comply with the above terms of use. Persons posting information on the Site may have ulterior motive such as to boost the value of their own investments or cause damage to others or otherwise mislead.
Information posted may be factually incorrect and provided with inadequate research. Posters of information may have positions in investments on which they comment.
Past performance of investments is not necessarily a guide to future performance. Prices of investments may fall as well as rise.
No information given on the Discussion Boards can be regarded as a personal recommendation to any one investor. Readers circumstances may vary and they should seek their own advice on the suitability to them of any investment or investment technique that may be mentioned.
Whilst Citywire is not obliged to control material placed on the Site it reserves the right to remove material which in its sole opinion is not consistent with the purpose of the Site or which is in breach of the terms hereof.
Citywire wishes to ensure compliance with copyright laws. On the request of a copyright holder Citywire will remove material from the Site.
Use of Citywire or the Discussion Boards shall be deemed to be an acceptance of these Terms of Service.