These are the terms and conditions (the “Terms”) of the Alliance Capital, Inc. global group (which includes all group companies, international partnerships and affiliated organisations, including alliance and associated offices) (“A&C”) (“we” or “us”) web site. Please read these Terms carefully, they set out the basis on which you are allowed to use this web site (the “Site”), the Discussion Forum (“the Forum”) and the informa-tion contained within them (the “Content”). They are to protect you as a user of the Site (“User”) and to prevent the Site from being used for any illegal or offensive purposes.
The Site is offered to you conditionally on your agreement to these Terms and your con-tinued use of the Site signifies your acceptance of them. If you are using this Site in the course of your employment or on behalf of an organisation, you agree that you are an authorised representative of your organisation and that you have authority to bind your organisation to these Terms. The Authorised Use Policy set out below and available on the Site applies to anyone using the Site and you are responsible for ensuring that employees or agents of your organisation are made aware of and comply with this.
1.1 The services provided through the Site are governed by these Terms. We may, from time to time, make the following services available:
1.1.1 Market Reports – Market Reports concerning the property market and other related subjects are available for purchase from the Site.
1.1.2 Discussion Forum – The Site contains an online Forum where Users can make con-tributions to the Site and communicate with other Users of the Site.
2.GENERAL USE OF THE SITE AND THE FORUM
2.1 You must not post any Content on the Site or Forum or use the Site or Forum in any way that is or may be considered to be:
2.1.1 in breach of any obligations or duties of confidentiality, or in breach of any obligations on you under the Data Protection Act 1998 in the UK or under any such equivalent legislation in your relevant jurisdiction;
2.1.2 capable of infringing any other person or other entitys intellectual property rights (including but not limited to copyright, trade marks, design rights or database rights);
2.1.3 in breach of any applicable law, whether criminal or otherwise; or
2.1.4 offensive, obscene, insulting, false, defamatory, unreliable, misleading or otherwise inappropriate.
2.2 In addition, you must not use the Site or Forum to:
2.2.1 abuse, harass, stalk or threaten others;
2.2.2 advertise or offer to sell any goods or services (other than in accordance with these terms), or conduct or forward surveys, contests or chain letters;
2.2.3 upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of our or any other computer;
2.2.4 upload files which contain an active hypertext link to another web site; or
2.2.5 download any file posted by us or another User that you know or reasonably should know, cannot be legally distributed in such manner.
2.3 You must not frame or link to the Site or any part of it or the Forum without our express permission.
2.4 We shall be entitled at any time to delete, remove or suspend the whole or any part of the Site, including any Content that you provide, without notice to you and without incurring any liability.
2.5 We may block or withhold your access to the Site if we have reasonable grounds to suspect any breach by you of these Terms, that we or any User has incurred or may incur any liability in connection with the Site, or if your use or Content is otherwise inappropriate.
2.6 Unless otherwise indicated on the Site, you may download to a local hard disk and print extracts from the Site solely for personal, non-commercial use and you may also recopy downloaded extracts to others for their personal, non-commercial use.
2.7 Unless otherwise indicated on the Site, you must not reproduce part or all of the Content in any form unless it is for personal, non-commercial use in accordance with Clause 2.6 above.
2.8 Unless otherwise indicated on the Site, you must not copy or otherwise incorporate into or store in any other web site, electronic retrieval system, publication or other work any of the Content in any form (whether hard copy, electronic or other format).
3.USE OF THE FORUM
3.1 We do not monitor messages posted to the Forum and accept no responsibility or liability for any such messages. We reserve the right in accordance with our take down policy to remove or edit any messages posted to the Forum as soon as we receive a complaint about any message or we otherwise become aware that the content of a message is inappropriate.
3.2 A&C is not responsible for and shall have no liability and expressly excludes all liability in relation to any expressions of opinion, data, information or any other material whatsoever which is submitted on this Site by any User of the Forum. A&C shall not be liable for any application of or reliance on any information contained on this Site which has been submitted by a third party via the Forum.
4.PURCHASING MARKET REPORTS
4.1 Market Reports may be purchased from the Site under A&Cs Terms and Conditions of Sale available from the footer bar on this page.
5.1 If you upload Content to the Site or Forum, you grant A&C a licence to use, reproduce, modify, adapt, publish, create derivative works from, distribute and display in public that Content in any form and media on or in connection with the Site, at no cost to us and for as long as we require and you warrant that you own the intellectual property rights in such Content and have the right to grant this licence. You will indemnify us and keep us indemnified from and against all costs, claims, damages and expenses made against or incurred by us as a result of a third party alleging that the use of such Content by us infringes the intellectual property rights of a third party.
5.2 All intellectual property rights and goodwill in or relating to A&C including the name, logo and any associated rights, belong to A&C, whether on a global or regional level. Subject to Clause 5.1 above, all intellectual property rights and goodwill in or relating to the Content belongs to A&C or our partners or licensors.
5.3 Except as expressly specified in Clause 2.6 above or as clearly stated on the Site, nothing in these Terms may be construed as granting any licence or right to use any intellectual property of A&C, our partners or licensors without our express written permis-sion.
6.1 Users may provide us with personal information about themselves and others. Generally this information is requested when you register for membership or when you use any of the services offered by the Site.
7.LIMITATION OF LIABILITY AND DISCLAIMERS
7.1 Nothing in these Terms operates so as to exclude, limit or restrict A&Cs liability for death or personal injury or our liability for fraud or fraudulent misrepresentation.
7.2 A&C is not responsible for any Content posted by our partners or by Users. We do not warrant the accuracy of this or any other Content in any respect and we cannot be held liable for any use you may make of it or any reliance you may place on it. Any recommendation or other information on any area of the Site or Forum is used by you at your own risk.
7.3 Any link on the Site is provided solely for your information and convenience. A link does not represent any endorsement or recommendation by A&C and does not mean that we have any association with the linked web site. We are not responsible for the content of any linked web site.
7.4 A&C will not be liable to you or any third party for any claim to the extent that the same is characterised as a claim for, or arising from:
7.4.1 loss of profits or anticipated savings;
7.4.2 loss of goodwill or injury to reputation;
7.4.3 loss of business opportunity;
7.4.4 loss of data;
7.4.5 loss as suffered by third parties;
7.4.6 indirect, consequential or special loss or damage
regardless of the form of action, whether in contract, strict liability or tort (including negligence) and regardless of whether A&C knew or had reason to know of the possibility of the loss, injury or damage in question.
7.5 A&C is not liable for any failure to perform any obligation caused by matters beyond our reasonable control (including without limitation any failure of transmission, inability to access the Site or Forum or any failure, error or delay in the sending or receiving of any communication).
7.6 A&C is not liable for any loss, damage or other liability whatsoever arising from any Content, activity, terms or policies on or in connection with the Site or Forum or from any separate agreement which you may enter into with another User.
7.7 Without affecting the rest of these Terms, the total liability of A&C to you un-der these Terms (whether arising in negligence or otherwise) will not exceed the sum paid by you for services received through the Site.
7.8 A&C excludes all warranties, conditions and terms, whether express or implied to the fullest extent permitted by law in respect of the Site.
7.9 You agree to indemnify us against all liabilities, claims and expenses that may arise from any breach of these Terms by you, your employees or agents from any use of the Site or Forum or from any of your Content.
8.1 If any term of these Terms is held to be invalid or unenforceable by judicial deci-sion, the rest of the Terms shall remain valid and enforceable.
8.2 A&C reserves the right to change these Terms from time to time. If we change these Terms, we shall notify you of this fact on the home page of the Site and shall post the new version on the Site stating when such revised version comes into effect. You will be taken to have agreed to such revised version if you continue using the Site after expiry of any no-tice period. You should check the Terms periodically to ensure that you are aware of and are complying with the current version.
8.3 These Terms and any documents referred to in them are governed by and construed in accordance with the laws of England and Wales and you and we agree to submit to the exclusive jurisdiction of the English courts for the determination of disputes.
8.4 These Terms constitute the entire agreement between us in respect of the subject matter contained in these Terms and supersede and replace all prior or contemporaneous under-standings or agreements, written or oral, regarding such subject matter.