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Investopedia © RSS Terms of Use
BY DOWNLOADING AN RSS FEED (THE "SERVICE")FROM INVESTOPEDIA.COM, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT ("AGREEMENT"). IF YOU DO NOT AGREE TO
ALL OF THE TERMS OF THIS AGREEMENT, DO NOT DOWNLOAD THE SERVICE. IF THESE TERMS
ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
INVESTOPEDIA.COM ("INVESTOPEDIA.com", "we" or "our") may modify any of the terms and
conditions contained in this agreement, at any time and in our sole discretion, by posting a change notice or a new agreement
on our site. Your continued use of the service following our posting of a change notice or new agreement on our site will constitute binding acceptance of the change.
1. GRANT. Subject to the terms of this Agreement and, unless otherwise consented to by
INVESTOPEDIA.COM, INVESTOPEDIA.COM hereby grants you, during the Term,
a revocable, nontransferable, nonsublicensable, royalty-free, nonexclusive license to
display on your Web site ("Site") the headlines, active links, or other source identifiers,
and other information or materials, including any promotional taglines that you
specifically select to receive from INVESTOPEDIA.COM (collectively, the "Content") through the Service provided that you
do not alter, edit, or delete any of the Service. INVESTOPEDIA.COM may restrict,
suspend or terminate your access to any aspect or all of the Service at any time
without liability. INVESTOPEDIA.COM reserves the right to modify the Service
at any time within INVESTOPEDIA.COM's sole discretion. You acknowledge
that the Service availability is subject to change at INVESTOPEDIA.COM's sole discretion.
2. RESERVATION OF RIGHTS. The Service
is protected by the copyright laws of the United States and international copyright
treaties. As between the parties, title, ownership rights, and intellectual property
rights in and to the Service, and any copies or portions thereof, shall remain in
INVESTOPEDIA.COM. In addition, any additional programming or technology provided by
INVESTOPEDIA.COM in connection with the delivery of the Service or otherwise shall remain
the sole property of INVESTOPEDIA.COM or its licensees and no part thereof
shall be deemed assigned or licensed to you. INVESTOPEDIA.COM shall retain all rights to
the Service not expressly granted to you under Section 1 of this Agreement.
3. RESTRICTIONS. Except as expressly
set forth in Section 1 and/or unless otherwise consented to by
INVESTOPEDIA.COM, you may not, directly or indirectly:
(a) sell, modify, translate, copy, publish, transmit, distribute or otherwise disseminate
the Service or any portion thereof; or delete or fail to display any promotional
taglines included in the Service; (b) rent, lease, or otherwise transfer rights
to the Service; (c) display the name, logo, trademark or other identifier of another
person (except for INVESTOPEDIA.COM or you) on your Site in such a manner
as to give the viewer the impression that such other person is a publisher or distributor
of the Service on the Site; (d) remove, conceal or obliterate any copyright or other
proprietary notice or any credit-line or date-line on other mark or source identifier
included on the Service, including without limitation, the size, color, location
or style of INVESTOPEDIA.COM's marks; (e) encumber or suffer to
exist any lien or security interest on the subject matter of this Agreement; (f)
make any representation or warranty on behalf of
INVESTOPEDIA.COM; or (g) use the Service on any Site
that contains nudity or pornographic material of any kind, displays material that
exploits children under the age of 18 promotes or provides instructional information
about illegal activities or physical harm or injury against any group or individual,
or use the Service in any manner that is obscene, defamatory, libelous, invasive of
personal privacy or misleading.
Unless otherwise permitted by
INVESTOPEDIA.COM, you will: (i) display the Service on your Site in the exact form received by you, and
not modify or edit any of the foregoing without
INVESTOPEDIA.COM's prior written consent; (ii) ensure that the fundamental meaning
of the Service is not changed or distorted; (iii) comply with all applicable laws
and all limitations and restrictions (if any) placed by
INVESTOPEDIA.COM on the use, display or distribution
of any Service ("Usage Restrictions"); and (iv) not archive any of the Service for
access by users at any future date after the Service has been removed from your
Web site. You acknowledge that the Service must link and redirect to the appropriate
INVESTOPEDIA.COM Web page when a user clicks on the
Service (e.g. a headline). You shall not display the Service in such a manner that
does not allow for successful linking and redirection to, and delivery of,
INVESTOPEDIA.COM's Web page, nor may you frame any
INVESTOPEDIA.COM Web page. You must always stipulate
that the Service is supplied by
INVESTOPEDIA.com
and is protected by copyright and owned by
INVESTOPEDIA.com Inc.
INVESTOPEDIA.COM assumes no liability for your activity
in connection with the Services and the Service or for the development, operation,
and maintenance of your Site. Any fraudulent, abusive, or otherwise illegal activity
will be grounds for termination of this Agreement. You will not attempt to hide
your identity, represent yourself as someone else, compromise or attempt to compromise
the security of any account, or interfere or attempt to interfere with the proper
working of Services. If you use, or attempt to use, any Service beyond the scope
of the license granted in this Agreement, or beyond the scope expressly granted
by INVESTOPEDIA.COM, or attempt to, tamper, hack, spoof,
use robots or scripts, copy, distribute, modify, or otherwise corrupt the administration,
security, or proper function of any part of the Service, then, in addition to termination
of this Agreement, you may be subject to appropriate legal and equitable action.
4. WARRANTY DISCLAIMER. You represent
and warrant to INVESTOPEDIA.COM that your Mark(s) and/or content on
your Web site, other than the Service, do not and will not infringe any trademark,
service mark, copyright, right to publicity, right of privacy or other intellectual
property right of a third party, constitute false, deceptive or unfair advertising
or disparagement under applicable law, or fail to comply with applicable laws and
regulations (including, for example, licensing requirements and administrative or
professional rules).
INVESTOPEDIA.COM represents and warrants that INVESTOPEDIA.COM either is the sole
owner of all U.S. trademark, copyright, patent rights and service marks in and to the
INVESTOPEDIA.COM Service provided to you for display within your Web site or that
INVESTOPEDIA.COM has sufficient license rights to distribute said
INVESTOPEDIA.COM Service in the manner contemplated by this Agreement.
INVESTOPEDIA.COM shall not be liable for any claims or actions arising from any Content
included in the Service that has been edited by you in any way. In addition,
INVESTOPEDIA.COM makes no representations concerning any interruption in Service.
INVESTOPEDIA.COM PROVIDES THE SERVICE AND CONTENT ON AN "AS IS" AND "AS AVAILABLE"
BASIS WITHOUT WARRANTY OF ANY KIND, AND INVESTOPEDIA.COM HEREBY DISCLAIMS ALL
IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE,
ACCURACY OR RELIABILITY. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF
THIS AGREEMENT.
5. LIMITATION OF LIABILITY. UNDER
NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, STRICT LIABILITY, OR
OTHERWISE, SHALL INVESTOPEDIA
.COM BE LIABLE TO YOU OR ANY OTHER PERSON
FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK
STOPPAGE, ACCURACY OF SERVICES,
CONTENT OR RESULTS, COMPUTER FAILURE OR MALFUNCTION, DAMAGES RESULTING
FROM DISABLING OF THE SERVICE RELATED TO NON-PAYMENT OF LICENSE FEES, COST OF PROCUREMENT
OF SUBSTITUTE GOODS, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT
WILL INVESTOPEDIA
.COM BE LIABLE FOR ANY DAMAGES IN EXCESS
OF THE FEES PAID BY YOU (IF ANY) IN CONNECTION WITH THE SERVICE, EVEN IF
INVESTOPEDIA
.COM SHALL HAVE BEEN INFORMED OF THE POSSIBILITY
OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. TO THE EXTENT THAT THE FOREGOING
LIMITATION IS NOT APPLICABLE FOR ANY REASON, THE LIABILITY OF THE PROVIDERS, THIRD
PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL
BE
LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
6. INDEMNITY. You hereby agree to
fully indemnify, defend and hold
INVESTOPEDIA.COM and its parent and affiliates and their respective officers, directors, employees
and licensors (collectively, the "Provider Parties") harmless from and against any
and all claims, liability, losses, costs and expenses (including attorneys' fees)
incurred by you in connection with: (i) any use
or alleged use of the Service through your account by any person, whether or not
authorized by you; or (ii) the operation and content on your Site or (iii) any breach
of your representations and warranties and other covenants under this Agreement.
INVESTOPEDIA.COM reserves the right, at its own expense, to assume the exclusive
defense and control of any matter otherwise subject to indemnification by you,
and in such case, you agree to cooperate with INVESTOPEDIA.COM's defense of such claim.
7. TERMINATION. Unless otherwise agreed
to by INVESTOPEDIA.COM, you may terminate this Agreement and
the license granted herein at any time by destroying or removing all copies of the
Service from your Site, all hard drives, networks, and other storage media. Unless
otherwise agreed to by INVESTOPEDIA.COM, INVESTOPEDIA.COM may restrict, suspend or terminate
the Service, this Agreement, the license granted herein, or your access to any aspect
or all of the Service at any time without liability. You agree to destroy or return
to INVESTOPEDIA.COM all copies of the Service and all Proprietary
Information promptly upon learning of such Termination. Sections 2 through 8 shall
survive termination of this Agreement.
8. MISCELLANEOUS. This Agreement represents
the complete agreement concerning this license between the parties and supersedes
all prior and contemporaneous agreements and understandings between them, whether
written or oral. If any provision of this Agreement is held to be unenforceable
for any reason, such provision shall be reformed only to the extent necessary to
make it enforceable. This Agreement shall be governed by and construed under the
internal laws and jurisdiction of the State of New York, without regard to its conflict
of laws principles. Any action to enforce this agreement shall be brought in the
federal or state courts located in New York, New York. You may not assign this Agreement
without INVESTOPEDIA.COM's prior written consent; any assignment
by you without such consent shall be null and void. You shall be responsible for
compliance with all applicable laws, rules and regulations, if any, related to the
performance of its obligations under this Agreement. Neither party will be liable
for any failure to perform any obligation (other than payment obligations) hereunder,
or from any delay in the performance thereof, due to causes beyond its control,
including industrial disputes of whatever nature, acts of God, public enemy, acts
of government, failure of telecommunications, fire or other casualty.
INVESTOPEDIA.COM is not responsible for any costs or
liability associated with making a connection (by any means) to the Internet, the
Service or other online service, or network. You certify you are legally permitted
to use the Services and access the Service, and if you are an individual, you are
over 18 years of age. You take full responsibility for the selection and use of
the Services and access of the content. This Agreement is void where prohibited
by law, and the right to access the Service is revoked in such
jurisdictions. Nothing in this Agreement will be deemed to limit or restrict
INVESTOPEDIA.COM from entering into agreements with any other person covering services
similar to your Site or from offering such similar services itself. The parties
hereto are independent contractors, and nothing in this Agreement creates any partnership,
joint venture, agency, franchise, sales representative or employment relationship
between the parties. You have no authority to make or accept any offers or representations
on our behalf and you shall not make any statement, on your site or otherwise, that
conflicts with this Agreement.
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