These are the Terms and Conditions on which you may use Complyport websites (collectively the “Site”). Before using the Site, please carefully read this agreement relating to your use of these sites. By registering you agree to be bound by these terms and conditions on using the Site. If you do not agree to these terms and conditions you will not be granted access to the registration page of the Site and, where access has been granted already, please do not use the Site.
1. ACCEPTANCE OF TERMS
Complyport Ltd (“Complyport”) owns the websites http://www.complyport.com and http://www.complyport-aml.co.uk and provides the information and services on the Site to you, the user, conditional upon your acceptance, without modification, of the terms and conditions of use applicable to the Site as set forth herein (the “Terms”).
Complyport reserves the right, at Complyport’s sole discretion, to change, modify, add or remove portions of these Terms periodically. Such modifications shall be effective immediately upon posting of the modified agreement to the website unless provided otherwise (e.g., when implementing major, substantive changes. Your continued use of the the Site following the posting of changes to these Terms will mean that you accept those changes.
Use of the Site constitutes full acceptance of and agreement to the Terms; if a User does not accept Complyport’s Terms, he or she is not granted rights to use the Site as defined herein, and should refrain from accessing the Site. Participation in the Site discussion requires the User to comply with any specific rules posted in the forum.
Complyport reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof). Complyport shall not be liable to any user or other third party for any such modification, suspension or discontinuance except as expressly provided herein.
2. NO UNLAWFUL OR PROHIBITED USE
By using the Site, you warrant to Complyport that you will not use the Site, or any of the content obtained from the Site, for any purpose that is unlawful or prohibited by these Terms. If you violate any of these Terms, your permission to use the Site automatically terminates.
3. DESCRIPTION OF SERVICES
The Site is owned and operated by Complyport for the purpose of regulatory news communication and discussion within the financial services industry.
4. REGISTRATION OBLIGATIONS
When requested, each Site user must:
personally provide true, accurate, current and complete information on the Site’s registration form (collectively, the “Registration Data”) and
Inform Complyport of any updates to Registration Data as necessary to keep it true, accurate, current and complete. If, after investigation, Complyport has reasonable grounds to suspect that any user’s information is untrue, inaccurate, not current or incomplete, Complyport may suspend or terminate that user’s account and prohibit any and all current or future use of the Site (or any portion thereof) by that user other than as expressly provided herein.
Each user will receive passwords and account designations upon completing certain Site registration processes and is wholly responsible for maintaining the confidentiality thereof and wholly liable for all activities occurring thereunder. Complyport cannot and will not be liable for any loss or damage arising from a user’s failure to comply with this Section 4, including any loss or damage arising from any user’s failure to:
immediately notify Complyport of any unauthorized use of his or her password or account or any other breach of security; and
ensure that he or she exits from his or her account at the end of each session.
Each User is responsible for both all use of the Site made by their user account and also for preventing any unauthorised use of your user account. Each registration is for a single User only.
If you provide Complyport with an email address that will result in any messages being sent by you via a network or device operated or owned by a third party (eg your employer or college) then you promise that you are entitled to receive those messages.
All information, data, text, software, music, sound, photographs, graphics, video, messages, or any other materials whatsoever (collectively, “Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that the user, and not Complyport, is entirely responsible for all Content that he or she uploads, posts, emails or otherwise transmits via the Site. No User shall transmit Content or otherwise conduct or participate in any activities on the Site that, in the judgment of Complyport, is likely to be prohibited by law in any applicable jurisdiction, or the permissible uses of intellectual property.
Complyport reserves the right to refuse, refrain from posting or delete any Content of which it becomes aware and reasonably deems not to fulfil the Purpose. In addition, Complyport shall have the right (but not the obligation) in its sole discretion to refuse or delete any Content that it reasonably considers to violate the Terms or be otherwise illegal. Complyport, in its sole and absolute discretion, may preserve Content and may also disclose Content if required to do so by law or judicial or governmental mandate or as reasonably determined useful by Complyport to protect the rights, property, or personal safety of Site’ users and the public. Complyport does not control the Content posted to the Site and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will Complyport be liable in any way for any Content, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Site.
Each user, by using the Site, may be exposed to Content that is offensive, indecent or objectionable. Each user must evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
6. LICENSING AND OTHER TERMS APPLYING TO CONTENT POSTED ON THE SITE
Use, reproduction, modification, and other intellectual property rights to data stored on the Site will be subject to licensing arrangements that may be approved by Complyport as applicable to such Content.
With respect to text or data entered into and stored by publicly-accessible site features such as forums and comments (“Complyport Public Content”), the submitting User retains ownership of such Complyport Public Content; with respect to publicly-available statistical content which is generated by the site to monitor and display content activity, such content is owned by Complyport. In each such case, the submitting user grants Complyport the royalty-free, perpetual, irrevocable, non-exclusive, transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, delete or commercially exploit (in whole or in part) as we see fit (whether on Complyport.com or otherwise, without any requirement to pay you for this and with or without attribution to you), display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You also waive any moral rights that you may have in regard to the Content posted by you.
Content located on any Complyport-hosted subdomain which is subject to the sole editorial control of the owner or licensee of such subdomain, shall be subject to the appropriate license applicable to such Content, or to such other licensing arrangements as may be approved by Complyport as applicable to such Content.
You agree to:
not post, link to or publish any Content with recommendations to buy or not buy a particular share or other investment or which contain confidential information of another party or which otherwise have the purpose of affecting the price or value of any share or other investment;
only publish Content that is your original content and will not infringe the copyright or other rights of any third party;
not post, link to or publish any Content containing any form of advertising or promotion for goods and services or any spam or other form of unsolicited communication;
not post, link to or publish any Content that is threatening, abusive, libellous, indecent or otherwise unlawful;
not disguise the origin of any Content and not impersonate any person or misrepresent any connection with any person or entity;
not post or publish any Content unrelated to the Forum or the Forum”s topic;
not post or transmit any Content that contains software viruses, files or code designed to interrupt, destroy or limit the functionality of Complyport or any computer software or equipment;
not collect or store other users” personal data;
not restrict or inhibit any other user from using the Forums;
not to transmit, broadcast, re-circulate, re-publish or sell any material obtained from the Site to any third party; and
not to post any information that might bring Complyport into disrepute.
Content is only for your general information and is not intended to address any particular requirements. Content on the Site does not constitute any form of advice, recommendation, representation, endorsement or arrangement. It is not intended to be and should not be relied upon by Users in making (or refraining from making) any specific investment, purchase, sale or other decisions. Any agreements, transactions or other arrangements made between you and any third party named on the Site are at your own responsibility and entered into at your own risk.
7. NO RESALE OF SERVICE
You agree not to sell, resell, or offer for any commercial purposes, any portion of the Site, use of the Site, or access to the Site.
8. GENERAL PRACTICES REGARDING USE AND STORAGE
Complyport may establish general practices and limits concerning use of the Site. While Complyport will use reasonable efforts to back up site data and make such data available in the event of loss or deletion, Complyport has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Site. Complyport reserves the right to mark as “inactive” and archive accounts and/or Content that are inactive for an extended period of time. Complyport reserves the right to change these general practices at any time, in its sole discretion, with notice to users and the public as described in Section 1 above.
Complyport may terminate a user’s account in Complyport’s absolute discretion and for any reason. Complyport is especially likely to terminate for reasons that include, but are not limited to, the following:
violation of these Terms;
abuse of site resources or attempt to gain unauthorized entry to the site or site resources;
use of the Site in a manner inconsistent with the Purpose;
a user’s request for such termination; or (4) as required by law, regulation, court or governing agency order.
Complyport’s termination of any user’s access to any Complyport website may be effected without notice and, on such termination, Complyport may immediately deactivate or delete user’s account and/or bar any further access to such files. Complyport shall not be liable to any user or other third party for any termination of that user’s access or account hereunder. In addition, a user’s request for termination will result in deactivation but not necessarily deletion of the account. Complyport reserves the right to delete, or not delete, a user’s account at Complyport’s sole discretion, as well as to delete, or not delete, content at Complyport’s sole discretion.
Complyport, any Complyport site or a third party (subject to section 6 above) may provide links to other websites. Complyport exercises no control whatsoever over such other websites and web-based resources and is not responsible or liable for the availability thereof or the Content, advertising, products or other materials thereon. Complyport shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection therewith. Your access and use of linked websites, including information, material, products and services therein, is solely at your own risk.
11. INDEMNITY; DISCLAIMER; LIMITATIONS OF LIABILITY
Each user shall indemnify, defend and hold harmless Complyport, and its parent corporation and affiliates and their respective officers, employees and agents, and each of Complyport’s website partners, from any and all claims, demands, damages, costs, and liabilities including reasonable attorneys’ fees, made by any third party due to or arising out of that user’s acts or omissions, including claims arising out of that user’s use of the Site; his or her submission, posting or transmission of Content or his or her violation of the Terms.
Each user’s use of the Site is at his or her sole risk. The Site are provided on an “as is” and “as available” basis and Complyport assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. Each user will be solely responsible for any damage to his or her computer system or loss of data that results from the download of any such material. Complyport expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Specifically, Complyport makes no warranty that
the Site or any service thereon will meet your requirements;
any user access will be uninterrupted, timely, secure or error-free;
the quality of any content, products, services, information or other material obtained by any user will meet his or her expectations; and
any errors in the software will be corrected.
Excluding only damages arising out of Complyport’s gross negligence or wilful misconduct, Complyport shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses (even if Complyport has been advised of the possibility of such damages), resulting from any user’s use or inability to use the Site or services thereon; the cost of procurement of substitute services; unauthorized access to or alteration of your transmissions or data; statements or conduct of any third party on the Site; or any other matter relating to the Site.
In no event shall Complyport’s total cumulative liability to any user or other party under these terms of service or otherwise exceed Â£1,000.00. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. Nothing herein shall be deemed to create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship of any kind between Complyport and any user or other person or entity nor do these terms of service extend rights to any third party.
As noted above, Complyport does not and cannot control the actions of Site users, visitors or linked third parties. We reserve the right to report any malfeasance that comes to our attention to the appropriate authorities. We do not guarantee continuous uninterrupted or secure access to the Site.
Operation of the Site may be subject to interference from numerous factors outside our control. Further, scheduled and preventive maintenance as well as required and emergency maintenance work may temporarily interrupt services or access to the website.
The disclaimers of warranty and limitations of liability apply, without limitation, to any damages or injury caused by the failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of or use of any asset, whether arising out of breach of contract, tortious behaviour, negligence or any other course of action by Complyport.
All Complyport content belongs to Complyport or its licensors, who own all intellectual property rights in the Complyport content and selection or arrangement of Complyport Content. No intellectual property rights are transferred to you. Complyport respects the intellectual property rights of others, and requires that the people who use the Site do the same. It is our policy to respond promptly to claims of intellectual property misuse.
If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify us by providing Complyport with the following information in writing:
the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf;
identification of the copyrighted work that you claim has been infringed;
identification of the material that is claimed to be infringing and information reasonably sufficient to permit Complyport to locate the material, including the full URL;
your name, address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
If Complyport receives such a claim, Complyport reserves the right to refuse or delete Content as described under Section 5 hereto, or to terminate a user’s account in accordance with Section 9.
Information is collected by Complyport which is registered with the UK’s Information Commission as a Data Controllers in accordance with the Data Protection Act 1998. We may collect information through use of enquiry and registration forms or through the provision of details to us online or offline (your “Data”). This Data may include your name and email address. We use this data for the processing of the registration and enquires that will allow you, the User, to use the Site.
The Internet is a global environment. Using the Internet to collect and process personal data necessarily involves the transmission of data on an international basis. Therefore, by browsing the site and communicating electronically with us you acknowledge and agree to our processing of personal data in this way.
We use information from cookies for purposes which may include:
identifying users through their login details to manage their status within the site;
enabling you to move more easily around our sites; and
tracking your use of our sites to better develop our sites in accordance with your requirements.
You can delete cookies from your hard drive at any time however this will mean that any settings such as your stored username and password will have to be reset. You can set your internet browser so that it will not allow cookies to be stored on your computer. This may reduce functionality of the site, prevent access to registration/subscription-only areas of the site and mean that certain features or content will not be available to you.
Please report any violations of the Terms (except for claims of intellectual property infringement) to the Site Director at firstname.lastname@example.org.
15. COMPLYPORT INFORMATION
Complyport Limited (“Complyport”) Company Number: 04333584 is a Limited Company registered in England with Registered Office at Lynton House, 7-12 Tavistock Square, London, WC1H 9LT, United Kingdom; VAT number is GB 786613982; and Data Protection Registration Number is Z678879X. Complyport is a member of the Association of Professional Compliance Consultants.