Carl Kliem S.A.Carl Kliem Market Data

General Terms of Use Agreement

CARL KLIEM S.A., with registered office at L-1150 Luxembourg (Registration Number B 0010821) (“CK”, “we” or "us”) is the owner of the content and operator of the website located at carlkliem.lu, carlkliem.com, carlkliem.net and carlkliem.org (the “Site”). Please be advised that CK is not responsible for any other websites maintained by other companies.


Access to the Site is defined below and provided by CK.

This General Terms of Use Agreement (the "General Terms of Use") describes your rights and responsibilities and states the terms and conditions under which you may use the Site.

Please read this document carefully. The term “you” as used herein refers to all individuals and/or entities accessing the Site for any reason.

  1. Acceptance of Terms of Use

By accessing or using the Site, you agree to be bound by these General Terms of Use and to comply with all applicable laws. If you do not agree to these General Terms of Use, without limitation or qualification, you may not use the Site.

CK reserves the right to modify these General Terms of Use at any time and in its sole discretion by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current General Terms of Use to which you are bound.

  1. Intended use of the Site

This Site and its Content are for personal, non-commercial use only.

You cannot use the Site and its Content in relation to any commercial activity.

You must be at least 18 years of age to use the Site. If you are not at least 18 years old, you should immediately stop using the Site. It is your responsibility to review this Agreement periodically. By accessing this Site or using any of its features, you declare you are of legal age to enter into these General Terms of Use or, if you are not, that you have obtained parental/legal guardian consent to do so.

  1. Scope of Use

The content and all other materials, including, without limitation, copyrights and other intellectual property rights in the artwork, graphics, photographs, texts, videos and audio clips, trademarks and logos available on the Site (the “Content”) (the “Content”) provided on the Site is provided by CK and its third party information providers ("Information Providers") for general informational purposes only and may not be redistributed by you.

This Site is directed at users within the European Economic Area (“EEA”) only, and no representation of any sort is made to any other person, unless otherwise specifically stated in writing in this website. Information provided on the Site may be delayed as determined by CK in its sole discretion.

CK reserves the right to modify the Site and its Content from time to time without notice and in its sole discretion at any time.

You agree to use the Site and the Content provided thereon only for your own personal use, and not to reproduce, retransmit, disseminate, sell, distribute, republish, broadcast, post, circulate or commercially exploit the Content available on the Site in any manner without the express written consent of CK, nor to use the Content available on the Site for any unlawful purpose.

You agree to access the Content available on the Site manually by request and not programmatically by macro or other automated means, and to view the Information only as displayed on your terminal screen and not attempt to upload, intercept, extract or otherwise collect and/or record the Content through any technological means.

The Site is solely to be used by individuals residing in the EEA.

CK makes no representation that :

                (i)  the materials on the Site are appropriate or available for use in other locations; or

                (ii) any products, instruments or services discussed on the Site are appropriate or available for use or sale in any jurisdiction.

If you choose to access the Site from any other location than the EEA then you do so on your own initiative and at your own risk, and you are responsible for compliance with all applicable local laws.

CK reserves the right to limit the availability of the Site to any person, geographic area, or jurisdiction it desires, at any time and in its sole discretion.

  1. Copyright and Intellectual Property Right Ownership

You may access and use the Site and the Contents thereon solely for personal, non-commercial, or entertainment purposes.

The Site, and all its Content therein, are owned by either CK or its Information Providers which is protected under copyright, trademark and other intellectual property laws.

CK and its Information Providers, own the copyright to all Information and works of authorship on the Site. All trademarks, trade names, and all related product names, design marks and slogans used on the Site are either the trademarks or services marks (registered or unregistered) of CK or its Information Providers unless otherwise stated herein

CK and its Information Providers expressly reserve all intellectual property rights in all Content on the Site. No license is granted to you in connection with any Content on the Site. In its sole discretion, CK or its Information Providers may seek to enforce their intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

You agree that, other than the right to access the Site and view its Content under the terms and conditions set forth herein, you acquire no ownership, title, right or interest of any kind in or to the Site or any portion of any Content on the Site, and that all title, right and interest therein and thereto remains with CK and its Information Providers.

You are not permitted to copy, reproduce, reuse, retransmit, adapt, publish, frame, post, upload, distribute, modify, broadcast or make derivative works of any Content in any way, including for any public or commercial purpose whatsoever, without the prior written consent of CK or the owner of such materials. All rights not granted under these General Terms of Use are expressly reserved by CK.

5. User Conduct/Acceptable Use Policy

The Site may provide you with an opportunity to interact with others and share your thoughts, information, and materials.

You understand that contents posted by users on this Site do not necessarily reflect the opinions or ideals of CK.

CK expects all of its users to be respectful of other people. If you notice any violation of these General Terms of Use or other unacceptable conduct by any user, you should contact us and report such activity using one of the options listed below in clause 15.

You are solely responsible for the content, information, and other materials that you may post on the Site, submit to the Site or transmit to other users (including, but not limited to, creative ideas, suggestions and feedback/information on CK’s services) (“User Generated Content”), and agree that you will not hold CK responsible or liable for any content, information or materials from other users that you access on the Site.

Categories of prohibited User Generated Content listed below are merely examples and are not intended to be exhaustive. Without limitation, you agree that you will not post or transmit to other users any User Generated Content that:

- is defamatory, abusive, obscene, profane, scandalous, inflammatory, pornographic, indecent, or offensive;

- infringes or violates another party’s intellectual property rights (such as music, videos, photos or other materials for which you do not have written authority from the owner of such materials to post on the Site);

- violates any party’s right of publicity or right of privacy;

- is threatening, harassing, or that promotes bullying, racism, discriminatory, bigotry, hatred or physical harm of any kind against any group or individual, or political or religious views;

- is inaccurate, false or misleading in any way;

- is illegal or promotes directly or indirectly any illegal activities;

- promotes illegal or unauthorized copying of another person’s copyrighted work or links to said work, or provides information to circumvent any security measure;

- contains software viruses or any other computer codes, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or

- contains any advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation.

CK may review, edit or delete at its sole discretion content and materials that you or others send or post to the Site, but CK is not obligated to do so. In any case, CK’s decision is final and not contestable.

You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Site. Furthermore, you may not use any such automated means to manipulate the Site or attempt to exceed the limited authorization and access granted to you under these General Terms of Use. You may not resell the use of, or access to, the Site to any third party.

You consent to allow CK and its Information Providers to contact you through email (or as otherwise indicated by you) regarding any request CK may have related to obtaining permission from you to use the User Generated Content.

The Site may allow you to send to CK creative ideas, suggestions or materials (“Submissions”); you should not make any Submissions to CK in any communications through the Site or otherwise, unless requested to do so.

6. Links to Other Sites

The Site may contain links to third-party internet websites or resources. These links are provided solely as a convenience to you and not an endorsement by CK of the contents of such third-party websites.

CK neither controls nor endorses any such other websites, nor has it reviewed or approved any content that appears on such other websites.

You acknowledge and agree that CK shall not be held responsible for the legality, timeliness, accuracy, completeness or appropriate nature of any information, data or other content, advertising, products, or services located on or through any other third-party websites, nor for any loss or damages caused or alleged to have been caused by your use of, inability to use, or reliance on, any such content, information or data.

If you decide to access a linked website, you do so at your own risk. Downloading material from certain websites may risk infringing intellectual property rights or introducing viruses into your computer system.

7. Privacy

The privacy of your personally identifiable information is very important to CK. For more information on what information CK collects and how CK collects, uses, discloses, and manages such information, please read the Privacy Policy of CK, which also governs your use of the Site.

For more information please click http://www.carlkliem.lu/marketdata/privacy-policy.htm

8. Disclaimer of Warranties/Exclusion of Liability

No Information on the Site is intended

                (i) as investment, tax, accounting or legal advice,

                (ii) as an offer, recommendation  or  solicitation  of  an  offer to sell or  buy any  security  or any  other  financial  instrument or to    participate in any trading strategy, or

                (iii)  as an endorsement, recommendation or sponsorship of any security or other financial instrument.

Everything on the Site is provided "as is" without any representations or warranties of any kind (whether express or implied). To the fullest extent permissible CK and its respective members, officers, directors, employees, Information Providers, suppliers, and agents (collectively, the "CK Parties") hereby disclaim all representations and warranties, express, implied or statutory, including, without limitation, all implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose, and all representations and warranties :

    (i) relating to the adequacy, timeliness, accuracy or completeness of any Information on the Site,

    (ii) that your use of the Site will be uninterrupted, error-free, or secure,

    (iii) that defects will be corrected, or

    (iiii) that the Site or the servers on which the Site is hosted are free of viruses or other harmful components.

You assume total responsibility and risk for your use of, or reliance on, the Site and any Information provided on the Site. Information contained on the Site is subject to change at any time without notice.

The fact that CK has made the data and services provided on the Site available to you constitutes neither a recommendation that you enter into a particular transaction nor a representation that any product described on the Site is suitable or appropriate for you. Many of the products described on the Site involve significant risks, and you should not enter into any transactions unless you have fully understood all such risks and has independently determined that such transactions are appropriate for you. Any discussion of the risks contained herein with respect to any product should not be considered to be a disclosure of all risks or complete discussion of the risks which are mentioned. You should neither construe any of the material contained herein as business, financial, investment, hedging, trading, legal, regulatory, tax, or accounting advice nor make this service the primary basis for any investment decisions made by or on behalf of you, your accountants, or your managed or fiduciary accounts, and you may want to consult your business advisor, legal, tax and accounting advisors concerning any contemplated transactions

9. Disclaimer of Damages and Limitation of Liability

To the fullest extent permitted, no CK Party shall be responsible or liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other losses or damages (including, but not limited to, damages for loss of profits, loss of business, use, data or other intangible damages, even if such party has been advised of the possibility of such damages), under any contract, tort (including, without limitation, negligence and strict liability) or other legal theory, howsoever caused, arising out of or relating in any way to the Site and/or any Information contained on the Site, or any errors or omissions therein, or your use of, or inability to use, or reliance on, the Site.

Your sole remedy for dissatisfaction with the Site and/or Information contained on the Site is to stop using the Site. In the event that the foregoing disclaimer of liability is held to be invalid or unenforceable, you agree that the maximum cumulative aggregate liability of the CK Parties to you for all damages, losses, and causes of action (whether in contract, tort (including, without limitation, negligence and strict liability), or otherwise) at any time shall be the aggregate cumulative amount paid by you to CK at such time, if any, to access the Site.

10. Indemnity

By using the Site, you agree to defend, indemnify, and hold harmless CK, its officers, directors, employees, parent, subsidiaries, affiliates, business partners, website developer, representatives and agents (collectively, the “Released Parties”), from and against any and all claims, damages, obligations, losses, liabilities, costs or debt and expenses (including, but not limited to, reasonable attorney’s fees and costs) arising from:

            (i)     any breach by you of any of these General Terms of Use,

(ii) any Submission or User Generated Content (including, but not limited to, claims for infringement of copyright, trademark, trade secret or other intellectual property rights of a third party, right of publicity, right of privacy, or defamation),

(iii) your use of any Content or features available on or through the Site (except to the extent a claim is based upon infringement of a third party right by materials created by CK),

(iv) a violation by you of applicable law or any agreement or terms with a third party to which you are subject, and

(v) any other matter regarding the Site and your access and use of it.

11. Waiver - Remedies

The failure by CK to partially or fully exercise any rights or the waiver of any breach of these General Terms of Use by you, shall not prevent a subsequent exercise of such right by CK or be deemed a waiver by CK of any subsequent breach by you of the same or any other term of these General Terms of Use.

CK’s rights and remedies under these General Terms of Use shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.

12. Governing Law/Jurisdiction

These General Terms of Use shall be governed by and construed in accordance with the laws of Grand-Duchy of Luxembourg.

Jurisdiction for any claims arising under this Agreement shall lie exclusively with the Luxembourg Courts.

13. Severability

If any provision of these General Terms of Use is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these General Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

14. Miscellaneous

No waiver by CK of any breach, default or condition hereunder shall be deemed to be a waiver of any other preceding or subsequent breach, default or condition.

Any heading, caption or section title contained in these General Terms of Use is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. .

15. Contact Information

Should you have any questions or comments regarding the Site or these General Terms of Use, or should you need to report any content that you deem non-compliant with these General Terms of Use, you may contact CK by writing at the following addresse or by using the online form by clicking on the link :

CARL KLIEM S.A.

Compliance Department

251 Route d’Arlon

L-1150 Luxembourg


Revised: February 2014