YOU SHOULD READ THIS LEGAL AND PRIVACY STATEMENT BEFORE USING THIS WEBSITE
This Legal and Privacy Statement ( the “Legal and Privacy Statement”) governs your rights and responsibilities concerning your use of the website and all webpages provided by BGC Market Data (“BGCMD”) under the internet address www.bgcmarketdata.com (the “Website”). By continuing to access or use the Website, you expressly acknowledge and agree to the terms and conditions set forth in this Legal and Privacy Statement. BGCMD reserves the right to modify this Legal and Privacy Statement at any time, so you should review this document whenever accessing or using the Website. Your continued use or accessing of the Website signifies your acceptance of the terms and conditions provided under the then current version of this Legal and Privacy Statement. You may not use or access the Website if, at any time, you do not accept the terms and conditions as set forth herein.
You represent and warrant that you are at least eighteen (18) years of age. Use of the Website by persons under eighteen (18) years of age is strictly forbidden.
All information and materials provided on the Website, including, without limitation, all text, documents, reports, data, graphics, charts, logos, buttons, icons, images, audio and video, and software (collectively, “Content”) is the exclusive property of BGCMD and/or its affiliates or licensors (collectively the BGC IP Owners), and is subject to legal protection under US and international law, including without limitation, intellectual property, copyright, trademark, unfair competition, trade secret and other laws. All trade and service names and marks displayed on the Website (including without limitation CANTOR, ESPEED, BGC, BGC MARKET DATA, WE ARE MARKETS, ESPEED ONLINE, G3 VISION, SWAPSIGHT, BGCMD EYE, CANTOR EXCHANGE, INTERACTIVE MATCHING) are the property of the respective BGC IP Owners. All present and future rights in and to trade secrets, trademarks, service marks, copyrights and other proprietary rights under the laws of any domestic or foreign governmental authority (the “Intellectual Property Rights”) shall at all times be and remain the sole and exclusive property of the respective BGC IP Owners. Except as specifically permitted by the terms of this Legal and Privacy Statement, you agree that you shall not use any Content, or any derivations thereof, for any purpose, without the respective BGC IP Owner’s prior written approval. Notwithstanding the foregoing, BGCMD hereby grants you a limited, personal, non-transferable, non-exclusive, revocable single-user license to access and use the Website pursuant to this Legal and Privacy Statement for your internal business purposes only, provided that you do not (and do not permit any third party to) reproduce, republish, upload, post, transmit, distribute, publicly display, publicly perform, modify, create a derivative work of, or reverse engineer any Content. You acknowledge that all further rights in and to the Website and Content are reserved by the BGC IP Owners, and you shall acquire absolutely no right or license in or to the Website or Content other than the limited license granted in this paragraph.
You agree to protect the proprietary rights of the BGC IP Owners and to comply with all reasonable written or electronic requests made by BGCMD, the BGC IP Owners or its their suppliers of content (“Suppliers”) to protect their and others’ contractual, statutory and common law rights in the Website. You agree to provide BGCMD with prompt written notice of any unauthorized access or use of the Website by any party or of any claim that the Website or Content infringes upon any third party intellectual property, copyright, trademark or other contractual, statutory or common law rights.
The Website is provided solely for informational purposes and its provision by BGCMD is not intended to, and shall not, constitute any offer or acceptance with the respect to any agreements, transactions or other matters (except for this Legal and Privacy Statement). Except for this Legal and Privacy Statement, your access to and use of the Website shall not create any legal relationship between you and BGCMD.
The Website and Content may be changed or removed at any time by BGCMD without notice and BGCMD reserves the right to suspend, terminate or restrict your access to or use of the Website. The Website is provided “AS IS” without any warranty of any kind, express or implied, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, accuracy or completeness of the information contained on this Website or in respect of any materials or products referred to on this Website, or non-infringement. Difficulties in use of this Website could involve, among others, failures, delays, malfunction, software erosion, inadvertent disclosure of information provided to BGCMD via this Website, or hardware damage, which difficulties could be the result of hardware, software or communication link inadequacies or other causes. Such difficulties could lead to possible economic and/or data loss. BGCMD does not warrant that the Website is compatible with your equipment or that the Website is free of errors, viruses or worms. BGCMD hereby disclaims liability and you hereby release BGCMD from any and liability you may suffer as a result of such circumstances. All warranties, whether express or implied, are hereby excluded to the extent permitted by law.
BGCMD, and the BGC IP Owners, and their affiliates, representatives, suppliers, directors, officers, employees, agents and third party vendors (collectively the “BGC Entities”) shall, to the extent permitted by law, have no liability, contingent or otherwise, whether caused by the negligence of the BGC Entities, its employees, subcontractors, agents, Suppliers, or otherwise, to you or to third parties for the accuracy, timeliness, completeness, reliability, performance or continued availability of this Website or for delays or omissions therein, including, but not limited to, inaccuracies or errors in or omissions from quotes and financial data. The BGC Entities shall have no responsibility to maintain the information or services made available on this Website or to supply any corrections or updates in connection with such information or services. IN NO EVENT WILL THE BGC ENTITIES BE LIABLE TO YOU FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, LOSS OF PROFIT, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL OR REPUTATION OR WASTED MANAGEMENT TIME) WHICH MAY BE INCURRED OR EXPERIENCED ON ACCOUNT OF YOUR USING OR RELYING ON THIS WEBSITE OR ANY INFORMATION OR LINKS ON IT , EVEN IF THE BGC ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall the BGC Entities’ total liability to you for all damages, losses and causes of action (whether in contract or tort, including but not limited to, negligence) exceed the amount paid by you to BGCMD, if any, for accessing the Website.
Nothing set forth in the Website should be construed as a recommendation to purchase or sell any product or instrument or to enter into any transaction, or as a representation that any particular product or instrument is suitable or appropriate for you. Many of the products described in the Website involve significant risks and you should not enter into any transactions unless you fully understand all of these risks and have independently determined that the risks are acceptable to you and that the transactions are appropriate for you in light of your objectives, experience, financial and operational resources and other relevant circumstances. Any discussion of risks contained in the Website, however, should not be considered to be a disclosure of the risks of particular transactions, or a complete discussion of the risks which are mentioned.
You should not construe any of the material contained in the Website as business, financial, investment, hedging, trading, legal, regulatory, tax or accounting advice and you should not make the Website the primary basis for any trading decisions. In providing the Website and entering into any transactions in the products described in the Website, BGCMD is acting solely in the capacity of an arm’s length contractual counterparty and not as a financial advisor or a fiduciary. Under no circumstances should any of the BGC Entities be considered your advisor or fiduciary and, if you require advice with respect to the products identified in the Website or any contemplated transactions, you should consult your own business, financial, accounting or legal advisors.
YOU MAY NOT COPY, REPRODUCE, RECOMPILE, DECOMPILE, DISASSEMBLE, REVERSE ENGINEER, DISTRIBUTE, PUBLISH, DISPLAY, PERFORM, MODIFY, UPLOAD TO, CREATE DERIVATIVE WORKS FROM, TRANSMIT OR IN ANY WAY EXPLOIT ALL OR ANY PART OF THE WEBSITE OR CONTENT, EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT. THE CONTENTS OF THE WEBSITE MAY NOT BE RECIRCULATED, REDISTRIBUTED OR PUBLISHED BY YOU WITHOUT BGCANTOR’S PRIOR WRITTEN CONSENT. IF YOU DOWNLOAD ANY INFORMATION OR SOFTWARE FROM THIS WEBSITE, YOU AGREE THAT YOU WILL NOT COPY IT OR REMOVE OR OBSCURE ANY COPYRIGHT OR OTHER NOTICES OR LEGENDS CONTAINED IN ANY SUCH INFORMATION. MODIFICATION OF THE WEBSITE CONTENT WOULD BE A VIOLATION OF THE RESPECTIVE BGC IP OWNER’S COPYRIGHT AND OTHER PROPRIETARY RIGHTS. YOU MAY NOT USE THIS WEBSITE FOR ANY ILLEGAL PURPOSE OR IN ANY MANNER INCONSISTENT WITH APPLICABLE LAW OR THIS AGREEMENT. YOU MAY NOT OFFER ANY PART OF THE WEBSITE FOR SALE OR DISTRIBUTE IT OVER ANY OTHER MEDIUM INCLUDING BUT NOT LIMITED TO TELEVISION OR RADIO BROADCAST, A COMPUTER NETWORK OR HYPERLINK FRAMING ON THE INTERNET WITHOUT THE PRIOR WRITTEN CONSENT OF BGCANTOR. YOU MAY NOT USE ANY OF THE BGC IP OWNER’S TRADEMARKS, TRADE NAMES OR SERVICE MARKS IN A MANNER THAT SUGGESTS THAT SUCH NAMES AND MARKS BELONG TO OR ARE ASSOCIATED WITH YOU OR ARE USED WITH THE BGC IP OWNER’S CONSENT, AND YOU ACKNOWLEDGE THAT YOU HAVE NO OWNERSHIP RIGHTS IN AND TO ANY OF THESE NAMES AND MARKS. YOU WILL NOT USE THE WEBSITE OR THE INFORMATION CONTAINED THEREIN IN UNSOLICITED MAILINGS OR SPAM MATERIAL. YOU WILL NOT SPAM OR SEND UNSOLICITED MAILINGS TO ANY PERSON OR ENTITY USING THE WEBSITE. YOU AGREE TO COMPLY WITH ANY OTHER APPLICABLE TERMS AND CONDITIONS SET FORTH ON THE WEBSITE.
This Website may provide hyperlinks to certain websites sponsored and maintained by BGCMD as well as those sponsored or maintained by third parties (“Third Party Websites”). Such Third Party Websites are publicly available and BGCMD is providing links to such Third Party Websites through this Website solely as a convenience to you. The content of the Third Party Websites as well as the services, goods or advertisements on the Third Party Websites is not maintained or controlled by BGCMD, and BGCMD makes no representations or warranties concerning the content of the Third Party Websites and the fact that links to the Third Party Websites are provided does not constitute any endorsement, authorization or sponsorship of the Third Party Websites or their sponsors by BGCMD; nor is there any affiliation between BGCMD and such sponsors and such sponsors do not endorse, authorize or sponsor this Website. Moreover, BGCMD is in no way responsible for the availability, content or accuracy of the Third Party Websites or any services or goods that may be provided, linked to, or advertised on the Third Party Websites. BGCMD makes no warranty, express or implied, with respect to the use of the links provided on, or to, the Website or guarantee the accuracy, completeness, usefulness or adequacy of any Third Party Websites, or services, goods or advertisements provided, linked to or advertised on Third Party Websites. You understand and agree that you will use or rely on the Third Party Websites solely at your own risk and that BGCMD does not grant to you any rights in respect of such Third Party Websites.
In the course of your use of the Website, you may provide, or BGCMD may otherwise obtain, personal or business information about you. By using this Website, you expressly consent to BGCMD (1) using this information to assess the function and performance of this Website, to assess the needs of its customers, to market BGCMD’s products and services and for the other purposes set out in this paragraph, and (2) transferring this data to BGCMD affiliates throughout the world for the purposes specified in (1) above. You agree that any information which you provide or which BGCMD otherwise obtains concerning you may be used by BGCMD for any and all business purposes. You agree that any such information is not confidential and you represent that neither you nor any third party have an expectation of privacy with respect to such information, except as expressly provided hereunder.
Your use of the Website may involve your posting, transmitting and uploading of text, images, graphics, sound files, computer files and other materials (“User Content”). By submitting User Content in connection with the Website, you: (A) grant to BGCMD all right, title and interest in and to the User Content, including without limitation all copyright rights in and to the User Content; (B) acknowledge that BGCMD shall have the perpetual, worldwide, irrevocable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, publicly display and otherwise exploit all such User Content in any media or form now known or hereinafter developed; (B) grant to BGCMD the right to use in any manner your personal name if submitted with the User Content; and (C) represent and warrant that your submission of such User Content, and that your grant of rights and acknowledgements with respect to the User Content in subsections (A), (B) and (C) of this paragraph shall not violate any law or infringe upon the intellectual property or other rights of any third party. You acknowledge that BGCMD does not pre-screen User Content and makes no representations whatsoever concerning the User Content. Under no circumstances shall BGCMD be liable in any manner as a result of any User Content or your transmission or use thereof or reliance thereon. Moreover, BGCMD shall have the right (but not the obligation) to remove any Content and User Content from the Website in its sole discretion at any time without notice. In the event that you submit User Content erroneously, or you later determine that User Content should not have been submitted, for any reason, you accept full financial responsibility for such submission. Further, by accessing the Website on behalf of any entity or corporation, you are agreeing that you have the right and authority to bind that entity or corporation to the obligations and responsibilities incurred by utilizing this Website.
You agree that you are solely responsible for your use of and reliance upon the Website, your actions on the Website, and your submission of User Content to the Website. You further agree: (A) not to use the Website in any manner or for any purpose that violates applicable local, state, national, or international laws, regulations or rules; (B) not to post material, nonpublic information about any person or company; (C) not to post any knowingly false or misleading statements; (D) not to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity and not to submit User Content altered to conceal the true source of such User Content; (E) not to use the Website to collect or harvest personal information about other users of the Website; (F) not to submit any files containing viruses, bots, worms, trojan horses, corrupted files, or any other similar materials that may damage or corrupt the data, software or hardware of others; (G) not to attempt in any way to interfere with or disrupt the proper functioning of the Website nor to take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website; (I) not to submit any User Content for the purpose of advertising or offering any products or services; (J) not to post, upload or transmit any unsolicited “spam,” “junk mail,” or “chain letters”; (K) not to post, transmit or upload any material that infringes or violates the intellectual property rights or other rights of a third party; and (L) not to post, transmit or upload any libelous, defamatory, obscene, sexually explicit, abusive, or otherwise illegal material.
You further represent, warrant and covenant that any and all personal information that you provide to Delivery in connection with the Services, including without limitation any user registration information as may be required in connection with the Services, is and shall be current, complete and accurate. Moreover, you covenant and agree to maintain and update this information as necessary to keep it current, complete and accurate. You agree, at your own expense, to indemnify, defend and hold harmless the BGC Entities against any claim, suit, action or other proceeding against the BGC Entities by a third party, to the extent that such claim, suit, action or other proceeding is based on or arises in connection with your use of the Website, or any links on the Website, including, but not limited to: (i) your use or someone using your computer’s use of the Website; (ii) your use or someone using any password you may obtain; (iii) a violation of the terms set forth in this Legal and Privacy Statement by you or anyone using your computer or password; (iv) a claim that any use of the Website by you or someone using your computer or password infringes any intellectual property right of any third party, is libelous or defamatory, or otherwise results in injury or damage to any third party; (v) any deletions, additions, insertions or alterations to, or any unauthorized use of, the Website by you or someone using your computer or password; (vi) any misrepresentation or breach of representation or warranty made by you contained herein: or (vii) any breach of any covenant or obligation to be performed by you hereunder. You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys’ fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim.
The BGC Entities do not intend the information provided on this Website to be distributed to, or used by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject the BGC Entities to any registration requirement within such jurisdiction or country. Neither the information, nor any opinion contained in this site constitutes a solicitation or offer by the BGC Entities to buy or sell any securities, futures, options or other financial instruments or provide any investment advice or service.
Although the information provided to you on the Website was obtained or compiled from sources believed to be reliable, BGCMD cannot and does not guarantee the accuracy, validity, timeliness or completeness of any information or data made available to you for any particular purpose. The BGC Entities shall not be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of the Website, or resulting from the act or omission of any other party involved in making this Website or the Content available to you, or from any other cause relating to your access to, inability to access, or use the Website or Content, whether or not the circumstances giving rise to such cause may have been within the control of any of the BGC Entities.
This Legal and Privacy Statement and the license granted hereunder shall remain in effect unless terminated in accordance with this provision. Either party may terminate this Legal and Privacy Statement in its sole discretion at any time. You may terminate this Legal and Privacy Statement by ceasing to use or access the Website. BGCMD may terminate this Legal and Privacy Statement by terminating your right to access and use the Website with or without notice to you. Termination of this Legal and Privacy Statement, or any other restriction or suspension of your right to access and use the Website, shall not affect any other right or relief to which BGCMD may be entitled, at law or in equity. Upon termination of this Agreement, all rights granted to you by BGCMD will terminate and revert to BGCMD.
The terms of this Legal and Privacy Statement shall be governed by, and construed in accordance with, the laws of the State of New York and the United States applicable to contracts made and to be fully performed in such State without reference to principles of conflict of laws. You agree that by using this Website, you agree to submit to the jurisdiction of the Supreme Court of the State of New York and the United States District Court for the Southern District of New York for the enforcement of the terms of this Legal and Privacy Statement and any disputes related to same and agree to service of process by mail. In the event that any provision of this Legal and Privacy Statement shall, in whole or in part, be determined to be invalid, unenforceable or void for any reason, such determination shall affect only the portion of such provision determined to be invalid, unenforceable or void, and shall not affect in any way the remainder of such provision or any other provision of this Legal and Privacy Statement. BGCMD’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. This Legal and Privacy Statement, and any modifications hereto constitute the entire agreement between BGCMD and you and supersedes all prior understandings and agreements, whether written or oral, as to such subject matter. Section titles and headings herein are inserted for convenience only and are not intended to be a part of or to affect the meaning or interpretation of these terms and conditions.
BGCMD respects the intellectual property rights of others and requests that the intellectual property rights of the BGC IP Owners be respected. BGCMD may, in appropriate circumstances and at its sole discretion, remove or disable access to material on the Website, including without limitation and User Content, that BGCMD, in its sole discretion believes may infringe upon the copyright rights or other intellectual property rights of others. BGCMD also may, at its sole discretion, remove or disable links or references to any Third Party Websites that BGCMD in its sole discretion believes may contain infringing material or infringing activity.
If you believe that your work has been used on the Website in any manner that constitutes copyright infringement, please notify BGCMD by written notice or by email. The notice should include the following information: an electronic or physical signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed; a description of the copyrighted work you claim has been infringed, including a copy of the copyrighted work or the web page address where the copyrighted work may be found; identification of the location on our Website of the material you claim has been infringed, or the link or reference to another Website that contains the material you claim has been infringed; your name, address, telephone number and email address; a statement by you that you have a good faith belief that the disputed use of the material at issue is not authorized by the copyright owner, the agent of the copyright owner or the law; and a statement by you, under penalty of perjury, that the information in this notification is accurate and that you are the copyright owner of the material allegedly infringed or authorized to act on the copyright owner’s behalf. Notice of claims of copyright infringement on this Website should be directed to BGC Market Data, Attn: Legal Dept., 110 East 59th Street New York, NY 10022.