This document was last updated on February 20, 2009
BY CONTINUING TO USE THE SERVICES, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE, COMTEX IS NOT WILLING TO PROVIDE YOU WITH ACCESS TO THE SERVICES AND YOU SHOULD IMMEDIATELY DISCONTINUE YOUR USE OF THE SERVICES.
1. Changes to the Agreement. Comtex may modify this Agreement from time to time in our sole discretion and without notice to you. You should review this Agreement periodically to ensure familiarity with its then-current terms and conditions. Your continued use of the Services following any modification of this Agreement shall constitute your acceptance of such modifications to this Agreement.
3. Ownership; General Limitations on Use; Copyright.
3.1 Ownership. You acknowledge and agree that the text, information, data, graphics, images, audio, video, design, organization, compilation, metadata, advertising and all other protectable intellectual property (the "Content") available through the Services is our property, the property of our advertisers and/or our third party licensors or suppliers (such licensors and suppliers are referred to as "Information Providers" or “IP”) and is protected by copyright and other intellectual property laws.
3.2 Limitations on Use. Unless you have our written consent in advance, you may not reproduce, sell, publish, distribute, retransmit, disseminate, perform, display, broadcast, create new works from, or commercially exploit the Content available through the Services, with the following two exceptions:
3.2.1 To the extent that we feature email or other sharing functionality on a particular article in the Services, you may use email or other featured sharing functionality to share such article with other individuals.
3.2.2 For articles that are written and published by Comtex, as indicated by the credit line (e.g., Comtex, MySmarTrend) (the "Proprietary Content"), you may occasionally distribute a copy of an article, or a portion of an article, for your personal use only, from a Service in non-electronic form to a few individuals without charge, provided you include all copyright and other proprietary rights notices in the same form in which the notices appear in the Services. For articles and other content that are not Proprietary Content, you should not assume that you have the rights granted in this Section 3.2.2. Your rights will be limited to any special terms, conditions and restrictions applicable to such content as set forth below in this Agreement or on or near the content set.
You agree to access the Services manually by request and not programmatically by macro or other automated means.
3.3 Premium Products. Certain Services and content sets are only available after additional registration and/or payment of a fee.
3.4 No Modification of Content. You agree not to rearrange or modify the Content. You agree not to create abstracts from, scrape or display headlines from the Content for use on another website or service or use the Content for commercial purposes, including without limitation algorithmic trading programs. You agree not to upload, post or submit any Content from the Services to weblogs, newsgroups, mail lists or electronic bulletin boards, except through services we specifically provide for that purpose (e.g., an RSS Feed) or after we give our written consent in advance.
3.5 Copyright/IP Policy. The Services and Data herein were developed, compiled, prepared, revised, selected and arranged by Comtex and Information Providers through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort and money, constitute confidential and valuable proprietary industrial property and trade secrets, and are protected by United States copyright laws and international treaty provisions as well as other intellectual property laws and treaties. All title and copyrights in and to the Content and/or Services and any accompanying printed materials are owned by Comtex, including its affiliate(s) and Information Providers (or their suppliers).
4. Termination. Comtex may discontinue or change all or any of the Services, or their availability to you, immediately, in its sole discretion, at any time without cause. Comtex may terminate this Agreement and your access to and use of the Services, or any portion thereof, immediately, in its sole discretion, at any time without cause.
5. DISCLAIMERS OF WARRANTIES. YOU AGREE THAT YOUR ACCESS TO, AND USE OF, THE SERVICES AND THE CONTENT AVAILABLE THROUGH THE SERVICES IS ON AN "AS-IS", "AS AVAILABLE" BASIS AND WE AND OUR INFORMATION PROVIDERS SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. We do not give tax or investment advice or advocate the purchase or sale of any security or investment. You should always seek the assistance of a professional for tax and investment advice. Certain information and data provided in connection with these Services may be delayed as specified by financial exchanges or Information Providers. Comtex and the Information Providers furnish the information available in connection with these Services without responsibility for accuracy and you agree that errors or omissions contained in such information shall not be made the basis for any claim, demand or cause of action against Comtex or any Information Provider. We may link to, or promote, websites or services from other companies or offer you the ability to download software from other companies. You agree that we are not responsible for, and do not control, those websites, services and software. The Services includes facts, views, opinions and recommendations of individuals and organizations deemed of interest. Neither Comtex nor the Information Providers guarantees the accuracy, completeness or timeliness of, or otherwise endorses, these facts, views, opinions or recommendations, gives investment advice, or advocates the purchase or sale of any security or investment.
6. LIMITATIONS ON LIABILITY. NEITHER COMTEX NOR ANY INFORMATION PROVIDER, NOR ANY OF THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, STOCKHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS (THE "EXCLUDED PARTIES") WILL BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF THE SERVICES FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF SUCH EXCLUDED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE EXCLUDED PARTIES' LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW. You understand and agree that your use of the Services is at your sole risk.
7. INDEMNITY. You agree to indemnify and hold Comtex and our respective subsidiaries, affiliates, officers, directors, agents, employees, partners and the Information Providers harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your misuse of the Services and your violation of this Agreement.
8. THIRD-PARTY BENEFICIARIES. Each of the Information Providers is an intended third-party beneficiary of this Agreement, and may enforce all rights and obligations in its favor contained in this Agreement, provided that the right to such enforcement is assigned to it by Comtex. Comtex may make any such assignment in its sole and absolute discretion, and no such assignment, if and when made, shall create any liability of Comtex to you or any other person or entity.
9. FORCE MAJEURE. The performance by Comtex and each of the Information Providers of this Agreement, including delivery, availability and use of the Services and the Content pursuant to your use, shall be excused (without creating liability of any kind to Comtex or any Information Provider) in the event and to the extent that any war, union strike, hostility, civil disorder, fire, tornado, wind storm, earthquake, power failure, explosion, failure of communications system (or part thereof) or any other third-party failure, or any other act, event or circumstance beyond the reasonable control of Comtex or such Information Provider (as applicable) renders such performance, in whole or in part, impossible or difficult to accomplish.
10. SEVERABILITY. If any provision of this Agreement is held to be invalid, void or unenforceable by reason of any law, rule, administrative order or judicial decision, that determination shall not affect the validity of the remaining provisions of this Agreement.
11. WAIVER. Except as specifically permitted in this Agreement, no provision of this Agreement can be, nor be deemed to be, waived, altered, modified or amended unless agreed to in writing signed by an authorized officer of Comtex.
12. ENTIRE UNDERSTANDING; ASSIGNMENT. This Agreement contains the entire understanding between you and Comtex concerning the subject matter of this Agreement. You may not assign any of your rights or delegate any of your obligations hereunder without first obtaining the prior written consent of Comtex.
13. CHOICE OF LAW AND VENUE. This Agreement shall be deemed to have been made in the State of Delaware and shall be construed, and the rights and liabilities of the parties determined, in accordance with the laws of the State of Delaware. You hereby irrevocably consent to personal jurisdiction in the State of Delaware on all issues pertaining to this Agreement.
SmarTrend, Trade The Trend, CustomWire, and CSTA are registered trademarks of Comtex. All other trademarks, service marks, and logos used on our websites are the trademarks, service marks, or logos of their respective owners.
Copyright: Copyright (c) 2009 Comtex News Network, Inc. All rights reserved.
This document was last updated on February 20, 2009
Information Collection and Use
We collect information from our users and their computers when they view our websites. We collect both personally identifiable and non-personally identifiable information. We also collect information from you when you request support or make inquiries about our products or services.
We may ask you to provide us with personally identifiable information at various points while you use our websites, such as when you register for a website account or when you purchase products or services from us. Examples of the types of personally identifiable information we collect range from your e-mail address to your name, street address, phone or fax number, and credit card information.
We use the personally identifiable information you provide about yourself to fulfill your requests for products and services, to contact you about your account, to complete and support your activities, to respond to your inquiries about our offerings, and to customize the content of our websites. We use your e-mail address and other personally identifiable information to send you notifications about your account, the services you currently use, if any, and legal or policy matters. We may use your e-mail address and other personally identifiable information to send you our newsletter or to communicate with you about products and services we believe may be of interest to you.
We also may use some of this information in anonymous or statistical forms, such as aggregating geographic information from user addresses or types of industries in which users work, to better understand our customers. We also may ask you to optionally provide us information about your interests to be used for similar purposes. We will ask your permission before using this type of information in a way that personally identifies you.
We use the information in our server log files to analyze trends in the usage of our websites, to administer and maintain our websites, to track a user's path through our websites, and to gather broad demographic statistics about our websites and the ways in which they are used. Most of the information in these files is not unique to you as an individual, such as the files requested and pages you visit on our websites, the websites from which you may have been referred to our websites, and information about the type of browser you use and its settings. Some of the log files contain IP addresses and other personally identifiable information, which are used to identify user connections and to resolve technical issues related to administration of our websites.
You can instruct your browser to stop accepting cookies from our websites. If you do so, however, you will hinder your experience by, for example, preventing yourself from ordering licenses for SmarTrend® and viewing some information on our websites and logging into forums and message boards, as well as preventing us from displaying content customized to the preferences you have specified. You should, however, be able to access most parts of our sites that are available to the general public.
Transparent GIF files
In addition to our own cookies, we use pixels, or transparent GIF files, on our sites to help manage our online advertising and email marketing. These GIF files are provided by one or more third-party service providers, based on our specification as to where they are used. The files enable our service providers to recognize a unique cookie in your Web browser, which in turn enables us and our services providers to learn which advertisements and emails bring you to our website and how you use the site.
Examples of the ways in which Comtex and our third party service providers use GIF files include:
- Tracking customer response to SmarTrend® advertisements, emails and site content;
- Determining your ability to receive HTML-based email messages. This capability helps us or our service providers send you email in a format you can read;
- Knowing how many users open an email and allowing our service providers to compile aggregated statistics about an email campaign for our use only;
Allowing us to better target interactive advertising; enhancing customer support and site usability; and providing offers and promotions that we believe would be of interest to you.
To conduct these or other activities, we or our service providers sometimes may link personal information you previously have provided us (such as, for example, your name, e-mail address, and the edition of our product that you purchased) to the information the GIF files provide about how you arrive at, navigate through, and leave our sites.
Disclosure of Information
We will not disclose personally identifiable information we collect from you to third parties without your permission except to the extent necessary
- to fulfill your requests for products or services;
- to protect the security of our software, services, websites, and users;
- to protect ourselves from liability;
- to respond to legal process or comply with law; or
- in connection with a merger, acquisition, or liquidation of the company.
We share statistical information about users of our web sites with third parties, including our vendors, customers, potential customers, distributors, and third parties that offer products or services for use with the SmarTrend® Service. We do not link this information to any personally identifiable information.
We occasionally contract with other companies to provide limited services to us or on our behalf, such as billing or customer support services. When we do so, we provide these companies with only limited access to personally identifiable information.
The SmarTrend® Service uses encryption technology to protect your privacy and the security of your data and communications.
Security Measures Related to Your Information
We take measures to protect the security of personally identifiable information we hold about you. These measures include:
- encrypting sensitive information during transmission;
- limiting the number of our employees who have access to personally identifiable information;
- requiring employees with access to personally identifiable information to take appropriate measures to safeguard it;
- storing your information in secure places that are protected using standard security technologies; and
- segregating payment or account billing information, information collected through customer support, and CSM and other performance and reliability data, and maintaining these types of information separately.