These terms of Use were last updated on August 10, 2007.
By accesing and using the Lyscale Riskgrade's Web Site, LyscaleRiskgrade.com (the "Web Site"), you are agreeing to be legally bound by these Terms of Use. By using the Lyscale Riskgrade Web Site, you represent that you are 16 years or older and agree to abide by the following Terms of Use. If any of these terms are unacceptable to you, you may not access the Lyscale Riskgrade Web Site until agreement has been reached between you and Lyscale Riskgrade as to the applicable terms of use. The terms "you" and "User" refer to anyone who accesses the Lyscale Riskgrade Wed Site.
As you browse through the Lyscale Riskgrade and the Lybrosis Capital Group sites you may access other web sites that are subject to different terms of use. When you choose those sites, you will be legally bound by the specific terms of use posted on such sites. If there is a conflict between these Terms of Use and the other terms of use, the other terms of use will govern with respect to use of such pages.
Lyscale Riskgrade, a division of Lybrosis Capital Services and Lybrosis Capital Group (Lyscale Riskgrade) may change these Terms of Use at any time without notice. Changes will be posted at
www.LyscaleRiskgrade.co.uk under Terms of Use. Your use of the Web Site after any such changes have been posted will constitute your agreement to the modified Terms of Use and all of the changes. Therefore, you should read these Terms of Use from time to time for changes.
1. USE OF THE LYSCALE RISKGRADE WEB SITE
Lyscale Riskgrade hereby grants you a non-exclusive, non-transferable, limited licence to access and use the Web Site for the fees, if applicable, and under the terms set forth below.
The Web Site and the content, including, but not limited to, text, data, reports, ratings, grading, determination and other opinions, images, photos, graphics, graphs, charts, animations and video (the "Content"), displayed on the Web Site, may be used only for your personal and non-commercial use. Except as otherwise permitted under these Terms of Use, you agree not to copy, preproduce, modify, create derivative works from, or store any Content, in whole or in part, from the Web Site or to display, perform, publish, distribute, transmit, braodcast or circulate any Content to anyone, or for any commercial purpose, without the express prior consent of Lyscale Riksgrade.
The Content is the proprietary of Lyscale Riskgrade or its licensors, and is protected by copyright and other intellectual property laws. All trade names, trademarks, service marks and other product and service and logos on the Web Site and within the Content are proprietary to their respective owners and are protected by applicable trademark and copyright laws. Any of the trademarks, service marks or logos (collectively, the "Marks") displayed on the Web Site may be registered or unregistered marks of Lyscale Riskgrade or others. Nothing contained on this Web Site should be construed as granting any licence or right to use of the Marks displayed on the Web Site without the express written permission of Lyscale Riskgrade or a third party owner of such Marks. Any unauthorised uses of the Marks or any other Content are strcitly prohibited.
YOu may, on a occasional and irregular basis, reproduce, distribute, display or transmit an insubstantial portion of Content, for a non-commercial purpose and without charge, to a limited number of individuals, provided you include all copyright and other propriertary rights notices with such portion of the Content in the same form in which the notices appear on the Web Site, the original source attribution, and the "Used with permission from LyscaleRiskgrade.co.uk, a Web Site Lyscale Riskgrade". However, you may not post any Content from the Web Site to forums, newsgroups, list serves, mailing lists, electronic bulletion boards, or other Web Sites, without the prior written consent of Lyscale Riskgrade. To request consent for uses such as linkin to Lyscale Riskgrade Content or posting Content on your Web Site, you may contact Lyscale Riskgrade at
WebSupport@LyscaleRiskgrade.co.uk
You may not use the Web Site for any unlawful purpose. You shall honour all reasonable requests by Lyscale Riskgrade to protect Lyscale Riskgrade proprietary interests in the Lyscale Riskgrade Web Site.
2. REGISTRATION
As part of the registration process, you must select a member name and password and provide Lyscale Riskgrade with accurate, complete, and updated information. Fialure to do so constitutes a breach of this Agreement, which may result in immediate termination of your access.
3. LIMITATION ON LYSCALE RISKGRADE WARRANTIES AND LIABILITIES
You are entirely liable for activites conducted by you or anyone else in connection with your browsing and use of the Web Site. If you are dissatisfied with the Content or the Web Site or with these Terms of Use, your sole and exclusive remedy is to stop using the Content and the Web Site. Lyscale Riskgrade will not pay any damages in connection with your browsing or use of the Web Site.
The Web Site includes Lyscale Riskgrade gradings, ratings and other opinions that must be construed solely as statements of opinion and should not be construed as statements of fact. Lyscale Riskgrade grading are not "market ratings" nor are they recommendations to buy, sell or hold any security or obligation issued by any obligor. Lyscale Riskgrade relies on information provided by obligors, their accountants, counsel and other experts and does not perform formal auditing prerogatives in connection with any grading. The use of Lyscale Riskgrade Web Site by User should not be construed as an endorsement of the accuracy of any of the data or conclusions, or as an attempt to independently assess or vouch for the financial condition of any company. Lyscale Riskgrade Services, Methodologies and Products receives compensation for grading obligations. Such compensation is normally paid either by the organisation or affiliated participants being featured in any of its platforms, systems and parameters. Additional information about our fees is available at
www.LyscaleRiskgrade.co.uk/GlobalGradingFees. Lyscale Riskgrade receives no payment for disseminating gradings, except for subscriptions to its platforms, systems and publications. While Lyscale Riskgrade reserves the right to disseminate the gradings, opinions and its scientific Quantified Measures, it receives no payment for doing so except for subscriptions to its publications, platforms, web-applications and systems. Each components of its published or broadcasted services, methodologies and products or other opinion must be considered, if at all, as only one factor in any investment decision made by you.
Due to the number of sources from which the Content is obtained, and the potential hazards of electronic distribution, there may be delays, ommissions or inaccuracies in such Content and the Web Site. THE CONTENT AND THE WEB SITE ARE PROVIDED "AS IS", WITHOUT ANY WARRANTIES, NEITHER LYSCALE RISKGRADE NOR LYBROSIS CAPITAL SERVICES GROUP MAKES ANY GUARANTEES OR WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF OR RESULTS TO BE OBTAINED FROM, ACCESSING AND USING THE LYSCALE RISKGRADE WEB SITE, THE LYSCALE RISKGRADE OWN CONTENT, THE OTHER CONTENT, NOR ANY MATERIAL THAT CAN BE ACCESSED (VIA A DIRECT OR INDIRECT HYPERLINK OR OTHERWISE) THROUGH THE LYSCALE RISKGRADE WEB SITE. LYSCALE RISKGRADE HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITMESS FOR A PARTICULAR PURPOSE AND OF NONINFRINGEMENT. NEITHER LYSCALE RISKGRADE NOR LYBROSIS CAPITAL SERVICES GROUP SHALL BE LIABLE TO THE USER OR ANYONE ELSE FOR ANY INACURRACY, DELAY, INTERRUPTION IN SERVICE, ERROR OR OMMISSION, REGARDLESS OF CAUSE, OR FOR ANY DAMAGES RESULTING THEREFROM. IN NO EVENT WILL LYSCALE RISKGRADE, LYBROSIS CAPITAL SERVICES GROUP NOR ANY OF THEIR THIRD PARTY LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT LIMITED TO, LOST TIME, LOST MONEY, LOST PROFITS OR GOODWILL, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SUCH DAMAGES ARE FORSEEN OR UNFORSEEN WITH RESPECT TO ANY USE OF THE LYSCALE RISKGRADE WEB SITE, NEITHER LYSCALE RISKGRADE NOR ANY OF ITS AFFILIATES, AGENTS OR LICENSORS WILL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY RESULTING FROM USE OF THE WEB SITE, ITS WEB APPLICATIONS, ITS PLATFORMS AND ITS SYSTEMS, IN WHOLE OR IN PART, WHETHER CAUSED BY NEGLIGENCE, INTERPRETING, REPORTING OR DELIVERING THE WEB SITE AND ANY CONTENT AT THE WEB SITE OR OTHERWISE. IN NO EVENT WILL LYSCALE RISKGRADE, ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH CONTENT OF THE WEB SITE.
4. LINKS TO OTHER WEB SITES FROM THIS WEB SITE.
You may, through hypertext or other computer links, gain access to Web Sites operated by persons other than Lyscale Riskgrade. Such hyperlinks are provided for your reference and convenience only, and are the exclusive responsiblitiy of such Web Sites' owners. You agree that Lyscale Riskgrade is not responsible for the content or operation of such Web Sites, and that Lyscale Riskgrade shall have no liability to you or to any other person or entity for the use of third party Web Sites. Except as described below, a hyperlink from this Web Site to another Web Site does not imply or mean that Lyscale Riksgrade endorses the content on that Web Site or the operator or operations of that site. You are solely responsible for determining the extend to which you may use any content at any other other Wb Site to which you link from Lyscale Riskgrade Web Site. Lyscale Riskgrade assumes no responsiblity for the use of third party software on the Lyscale Riskgrade Web Site and shall have no liability whatsoever to any person or entity for the accuracy or completeness of any outcome generated by such software.
5. TIMELINESS OF CONTENT
The Content displayed on the Web Site, including, but not limited to, reports and other opinions, are current as of the date, time, minute and second appearing on the report and are subject to change without notice. Unless indicated otherwise, gradings, ratings, opinions, methodologies and other means of broadcasting are subject to change without notice and are upgraded periodically by Lyscale Riskgrade to reflect changes in the global markets and other criteria. Lyscale Riskgrade does not guarantee or warrant the accuracy, timeliness, or completeness of any gradings or ratings you receive using the Web Site.
6. THE USER'S CONTENT
The user grants to LYBROSIS CAPITAL SERVICES GROUP the non-exclusive right to use all material entered into thr Lyscale Riskgrade Web Site by the User (other than third-party material transmitted through private electronic mail) in any of the LYBROSIS CAPITAL SERVICES GROUP publications and print, either physically on media or electronically.
User entering material into the Lyscale Riskgrade Web Site are responsible for the content of that material. Neither Lyscale Riskgrade nor Lybrosis Capital Services Group has any responsiblity for Other Content, including the content of information accessible via direct or indirect hyperlinks from the Lyscale Riskgrade Web Site. However, Lyscale Riskgrade retains the right, which it may or may not exercise in its sole discretion, to review, edit, or delete Other Content that Lyscale Riskgrade deems to be illegal, offensive, or otherwise inappropriate.
You may not input or distribute any material through the Lyscale Riskgrade Web Site that is promotional in nature, including solicitations for funds or business, without the prior written authorisation of Lyscale Riskgrade.
The USER agrees to indemnify Lyscale Riskgrade and Lybrosis Capital Services Group from all damages, liabilities, costs, charges and expenses, including reasonable attorneys' fees, that Lyscale Riskgrade, Lybrosis Capital Services Group, their affiliates, employees, and authorised representatives may incur as a result of either: (i) the User's Breach of this Agreement; or (ii) material entered into the Lyscale Riskgrade Web Site with the use of the User's screen name or password.
7. ADDITIONAL LEGAL TERMS
This Agreement will continue until terminated by either Lyscale Riskgrade or you. Either party can terminate the Agreement by notifying the other party by telephone or electronic mail of the decision to terminate.
Lyscale Riskgrade may discontinue or change the Lyscale Riskgrade Web Site, or its availability to you, at any time.
This Agreement constitutes the entire agreement between the parites relating to the Lyscale Riskgrade Web Site and supersedes any and all other agreements, oral or in writing, with respect to the Lscale Riskgrade Web Site. The failure of Lyscale Riskgrade to insist upon strict compliance with any term of this Agreement shall not be construed as a waiver with regard to any subsequent failure to comply with such term or provision. This Agreement is personal to you, and you may not assign your rights or obligations to anyone. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. This Agreement, your rights and obligations, and all actions contemplated by this Agreement shall be governed by the laws of the United kingdom of Great Britain and Northern Ireland and the English Law, as if this Agreement was a contract wholly entered into and wholly performed with the parameters of the English Law. All rights not expressly granted herein are reserved.
8. ANTI-HACKING PROVISION
You expressly agree not to:
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use or attempt to use any "deep-link", "scraper", "robot", "bot", "spider", "datamining", "computer code" or any other automated device, program, tool, algorithm, process, or methodology or manual process having similar processes or functionality to access, acquire, copy, or monitor any portion of the Web Site, any data or content found on or accessed through the Web Site or any other content without the prior express written consent of Lyscale Riskgrade;
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obtain or attempt to obtain through any means any materials or information on the Web Site that have not been intentionally made publicly available either by their public display on the Web Site or through their accessibility by a visible link on the Web Site;
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violate the restrictions in any robot inclusion headers on this Web Site or in any way bypass or circumvent any other measure emplyed to limit or prevent access to the Web Site or its Content;
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violate the security of the Web Site or attempt to gain unauthorized access to the Web Site, data, materials, information, computer systems or networks connected to the any Lyscale Riskgrade server, through hacking, password mining or any other means;
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interfere or attempt to interfere with the proper working of the Web Site or any activities conducted on or through the Web Site, including accessing any data, content or oter information prior to the time that it is intended to be available to the public on the Web Site;
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take or attempt any action that, in the sole discretion of lyscale Riskgrade, imposes or may impose an unreasonable or disproportionately large load or burden on the Web Site or Lyscale Riskgrade's infrastructure.
