BUNKER INDEX :: Price Index, News and Directory Information for the Marine Fuel Industry
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Terms and Conditions of Service
Please read all of the following Terms and Conditions of Service for this web site (The "Terms") before using Bunker Index. By continuing to access, link to, or use this site, or any service on this site, you hereby agree to the these Terms and Conditions. Bunker Index reserves the right to amend, remove, or add to these Terms and Conditions at any time.
Please continue to review these Terms and Conditions whenever accessing, linking to, or using this site. Your access to, or use of the site, or any service on this site, after any modifications are made will constitute your acceptance of these Terms and Conditions. If, at any time, you do not wish to accept the Terms outlined below, please do not access, link to, or use the site.
1. Intellectual Property
1.1 This Web site, including but not limited to text, content, photographs, video, graphs, audio and products (ie the "Service"), is protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the United Kingdom and other countries. All news, price and directory information and other elements making up the Service are also copyrighted works.
1.2 By accessing this website, you agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Service.
1.3 You acknowledge that the Service has been developed, prepared and compiled by Bunker Index through the application of methods and standards of judgement developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of Bunker Index.
1.4 You agree to protect the proprietary rights of Bunker Index and all others having rights in the Service during and after the term of this agreement and to comply with all reasonable written requests made by Bunker Index or its suppliers of content, equipment, or otherwise ("Suppliers") to protect their and others' contractual, statutory, and common law rights in the Service.
1.5 You agree to immediately notify Bunker Index in writing upon becoming aware of any unauthorised access or use of the Service by any individual or entity or of any claim that the Service infringes upon any copyright, trademark, or other contractual, statutory, or common law rights. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Service (the "Intellectual Property Rights") shall, as between you and Bunker Index, at all times be and remain the sole and exclusive property of Bunker Index.
1.6 All present and future rights in and title to the Service (including the right to exploit the Service and any portions of the Service over any present or future technology) are reserved to Bunker Index for its exclusive use.
1.7 Except as specifically permitted by the Terms and Conditions of Service and set out in paragraph 2.4, you may not copy or make any use of the Service or any portion thereof.
1.8 Except as specifically permitted herein, you shall not use Bunker Index's Intellectual Property Rights or the Service, or the names of any individual participant in, or contributor to, the Service, or any variations or derivatives thereof, for any purpose, without Bunker Index's prior written approval.
2. Use of the Service
2.1 You agree not to use the service for any illegal purpose or in any manner inconsistent with these Terms and Conditions.
2.2 You agree not to use, transfer, distribute or dispose of any information contained in the service in any manner that could compete with the business of Bunker Index or any of its suppliers.
2.3 You agree to use the service solely for your own noncommercial use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity.
2.4 You agree not to copy, reproduce, recompile, decompile, dissassemble, reverse engineer, distribute, publish, display, perform, modify, upload to, create derivative works from, transmit, or in any way exploit any part of the service, except that you may download material from the service and/or make one print copy for your own personal or internal company use, provided that you retain all copyright and other proprietary notices.
2.5 You agree not to recirculate, redistribute, sell, publish or broadcast the information or other content included in the service without Bunker Index's prior written consent. Modification of the service's content would be a violation of Bunker Index's copyright and other proprietary rights.
2.6 The service and the information contained therein may not be used to construct a database of any kind. Nor may the service be stored, (in its entirety or in any part) in databases for access by you or any third party or to distribute any database services containing all or part of the service.
2.7 You agree not to use the service in any way to improve the quality of any data sold or contributed by you to any third party. Furthermore, you may not use any of Bunker Index's trademarks, trade names, service marks, copyrights or logos in any manner which creates the impression that such items belong to or are associated with you or, except as otherwise provided herein, are used with Bunker Index's written consent, and you acknowledge that you have no ownership rights in and to any such items.
2.8 You agree not to deep link to this Site, frame it or bring up or present the content of this Web site or other part of the Service within another Web site without our express written permission.
2.9 You agree not to remove the copyright or trade mark notice from any copies of the content made under these Terms.
2.10 You agree not to use the service or the information contained therein in unsolicited mailings or spam material and to not use any of Bunker Index's trademarks, trade names, service marks, copyrights or logos in unsolicited mailings or spam material.
2.11 You agree not to send unsolicited mailings or spam to any person or entity using the service, including Bunker Index.
2.12 If you use the service to communicate with one or more other users of the service or Bunker Index or to upload information, images or other content using online forms or content upload facilities of any type, you agree that such communication, information or content will not be unlawful, libelous, slanderous, offensive, obscene, hateful, pornographic, violent, insulting, threatening, abusive, defamatory, deceptive, misleading, invasive of privacy, infringing of intellectual property rights, or racially, ethnically or otherwise objectionable or injurious to third parties or Bunker Index.
2.13 You agree to use the Service to communicate with other users and with Bunker Index for legitimate business purposes only. When using any online forms or content upload facilities on the website, you agree to remain friendly and civil and treat all recipients with respect and sincerity. You agree to comply with any other applicable terms and conditions of service.
2.14 Bunker Index is not responsible for the content of any communication between, among or by users through the service including, without limitation, any data, advice, recommendations, commitments or information acted upon, whether reasonably or unreasonably, by any user.
2.15 Bunker Index does not give advice or make any representations, warranties or endorsements as to the validity, character or legal effect of any communication between, among or by users through the Service.
2.16 Bunker Index reserves the right to disclose any information submitted to the Service as Bunker Index deems necessary to comply with applicable law, regulation or legal process.
3.1 You agree that you acquire absolutely no rights or licenses in or to the Service and materials contained within the Service other than the limited right to utilise the Service in accordance with these Terms. Should you choose to download content from the Service, you must do so in accordance with these Terms. Such download is licensed to you by Bunker Index ONLY for your own personal, non-commercial use in accordance with these Terms and does not transfer any other rights to you.
3.2 If you submit material to this site or to Bunker Index or its representative, unless Bunker Index indicates otherwise, you grant Bunker Index, its affiliates, and representatives a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, copy, and display such content throughout the world in any form, media, or technology now known or hereafter developed. You also permit any other user to access, store, or reproduce such material for that user's personal use. You grant Bunker Index and its affiliates, representatives, and sublicensees the right to use the name that you submit in connection with such content. You represent and warrant that you own or otherwise control all of the rights to the material that you submit; that the material you submit is truthful and accurate; that use of the material you supply does not violate these Terms and will not cause injury to any person or entity; and that you will indemnify Bunker Index, its parent, and their respective affiliates, suppliers, agents, directors, officers, employees, representatives, subsidiaries, successors, and assigns for all claims resulting from material you supply. Bunker Index takes no responsibility and assumes no liability for any material submitted by you or any third party.
4. Registration and Account Creation
4.1 As part of the registration and account creation process necessary to obtain access to certain portions of the Service, including those portions that require a fee or payment for access, you will select or be given a username and a password. You will provide Bunker Index with certain registration information, all of which must be accurate, truthful, and updated by you.
4.2 You agree not to: (i) use a username in which another person has rights without such person's authorization; or (ii) use a username or password that Bunker Index, in its sole discretion, deems offensive or inappropriate.
4.3 Bunker Index reserves the right to deny creation of your account based on Bunker Index's inability to verify the authenticity of your registration information.
4.4 You agree that you are solely responsible for maintaining the confidentiality of your username and password.
4.5 You agree to immediately notify Bunker Index by submitting feedback of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your username and/or password or credit card information.
4.6 You agree that you will not in any event share your username and/or password with any other person or entity or do anything which would assist anyone who is not a licensed user to gain access to any part of Bunker Index.
4.7 You agree that you are fully responsible for all usage and activity on your Bunker Index account, including, but not limited to, use of the account by any third party authorized by you to use your username and password. The use of your account by any individual under age eighteen (18) is strictly prohibited. If the computer system on which you accessed the Service is sold or transferred to another party, you warrant and represent that you will delete all cookies and software files obtained by or through use of the Service.
4.8 Bunker Index reserves the right to terminate your account, in its sole discretion, at any time without notice, if it believes that you have not complied with any of these Terms and conditions.
5. Fees and Payments
5.1 Bunker Index reserves the right at any time to charge fees for access to portions of the Service or the Service as a whole. If at any time Bunker Index requires a fee for portions of the Service or the Service as a whole, Bunker Index will require you to register and create an account.
5.2 You agree to pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including but not limited to charges for any products or services offered for sale through the Service by Bunker Index or by any other vendor or service provider.
5.3 All fees and charges shall be billed to you, and you shall be solely responsible for their payment. You shall pay all applicable taxes relating to the use of the Service through your account, and the purchase of any other products or services.
5.4 Certain portions of the Service or the Service as a whole may require a prepaid fee ("Prepaid Fee"), which may be modified from time to time in Bunker Index's sole discretion. The Prepaid Fee, and all taxes and other fees related thereto will be paid by you in advance. In no event will you receive any portions of the Service or the Service as a whole if a Prepaid Fee is required unless Bunker Index receives all fees and charges payable by you, including the Prepaid Fee.
5.5 For paid services on the Bunker Index website, a binding agreement between Bunker Index (the seller) and the buyer is reached when the customer places an order and the seller confirms the acceptance of the buyers's offer to buy.
5.6 Paid subscriptions to the Bunker Index website are provided to users on an annual basis, unless otherwise specified by Bunker Index.
5.7 When a multi-user license has been purchased, only access by the set number of licenses will be permitted.
5.8 Paid subscribers agree that they will, under no circumstances, circulate their username and/or password or any electronic content or print material taken from the Bunker Index website outside their designated site or office without prior agreement with Bunker Index.
5.9 You may cancel your Bunker Index Subscription only within seven working days of being granted access to the paid subscription service. Notification of cancellation must be in writing, by fax or email, within the aforementioned seven day period. A pro-rata amount will then be deducted from the annual subscription fee and the balance refunded to you.
6.1 You agree that your use of the Service is at your sole risk and acknowledge that the Service and anything contained therein, including, but not limited to, content, services, products or advertisements are provided "AS IS" and that Bunker Index and its Content Contributors make no warranty of any kind, express or implied, as to such items, including, but not limited to, merchantability, non-infringement, title or fitness for a particular purpose or use.
6.2 Bunker Index provides the Service in good faith but does not warrant that the Service is compatible with your equipment or is free of errors or viruses, worms or "Trojan horses" and is not liable for any damage (including without limitation loss of data) you may suffer as a result of such destructive features.
6.3 Bunker Index will take commercially reasonable security precautions with respect to the protection and preservation of data transmitted through the Service, but Bunker Index disclaims any liability for any loss, disruption or interception of any such data or communications except due to the intentional misconduct of Bunker Index.
6.4 You agree that Bunker Index and their respective affiliates, suppliers, agents, directors, officers, employees, representatives, general partners, subsidiaries, successors, and assigns shall have no responsibility or liability for: (i) any injury or damages, whether caused by the negligence of Bunker Index, its employees, subcontractors, agents, content contributors or otherwise, arising in connection with your access to the Service and shall not be liable for any lost profits, losses, punitive, incidental or consequential damages, or any claim against Bunker Index by any other party; or (ii) any fault, inaccuracy, omission, delay, or any other failure in the Service caused by your computer equipment or arising from your use of the Service on such equipment.
6.5 Bunker Index shall not be responsible for, and makes no warranties regarding, the access, speed or availability of Internet or network services.
6.6 Bunker Index is also not responsible for the reliability or continued availability of the telecommunication services, telephone lines, wireless services, communications media, or equipment you use to access the Service.
6.7 Bunker Index and their respective affiliates, suppliers, agents, directors, officers, employees, representatives, subsidiaries, successors, and assigns shall not, directly or indirectly, be liable, in any way, to you or any other person for any: (a) inaccuracies or errors in or omissions from the Service including, but not limited to, price information, quotes and financial data ; (b) delays, errors, or interruptions in the transmission or delivery of the Service; or (c) loss or damage arising therefrom or occasioned thereby, or by any reason of nonperformance.
6.8 You acknowledge that Bunker Index has the right to change the content or technical specifications of any aspect of the Service at any time in Bunker Index's sole discretion.
7. No Advice Disclaimer
7.1 You acknowledge that none of the information contained on this site constitutes a solicitation, offer, opinion, or recommendation by Bunker Index to buy or sell any security, or to provide legal, tax, accounting, or investment advice or services regarding the profitability or suitability of any security or investment.
7.2 Any investment decisions made by the user will not be made on the basis of any information provided by Bunker Index and will be based solely on the evaluation of their own financial circumstanes and financial objectives. Bunker Index shall not be responsible for your use or any third party's use of any information obtained from or submitted to the Service or any third party services.
8. Third Party Material
8.1 Third party providers of information, content, photographs or other images, services, goods or advertisements submitted to Bunker Index, or published directly, are solely responsible for the content of the material they submit to us or publish directly on the Bunker Index website and in ensuring that it complies with the relevant legislation.
8.2 Content and services made available by content contributors, either through the Bunker Index Web site or through other Web sites linked to the Service (collectively, "Third Party Services"), are not maintained or controlled by Bunker Index. Bunker Index does not a) make any warranty, express or implied, with respect to the use of Third Party Services or to the use of the links provided on, or to, the Service; (b) guarantee the accuracy, completeness, usefulness or adequacy of any Third Party Services or anyother Web sites, services, goods, or advertisements that may be linked to the Service;
9. Force Majeure
9.1 You acknowledge that your access to or use of the Bunker Index website may be subject to interruption or delay. Bunker Index does not give a guarantee that the services offered will be without interruption or delay, error free or free from defects in design or engineering. Bunker Index will not be liable to you for any interruption or delay in the service resulting directly or indirectly from circumstances beyond our control, including without limitation problems with connectivity, equipment, computer viruses, theft, strikes, government restrictions, wars, acts of God or any other circumstances that may be beyond our control.
10. Limitation of Liability
10.1 Under no circumstances, including but not limited to negligence, shall Bunker Index, and their respective affiliates, suppliers, agents, directors, officers, employees, representatives, subsidiaries, successors and assigns be liable to you or any third party for direct, indirect, incidental, consequential, special, punitive or exemplary damages even if an authorized representative of Bunker Index has been advised specifically of the possibility of such damages, arising from the use of or inability to use the service or any links, data, content, products or services contained within the service or any provision of these Terms, such as, but not limited to, loss of revenue or anticipated profits or lost business. In no event shall Bunker Index's 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, if any, for accessing this site.
11.1 You agree, for yourself and on behalf of your company or organization, to indemnify, defend and hold harmless Bunker Index and its employees, directors, affiliates, subsidiaries, representatives and agents, against any claim, suit, action or other proceeding, to the extent based on or arising in connection with your use of the Service, or any links on the Service, including, but not limited to: (i) your use or someone using your computer's use of the Service; (ii) a violation of these Terms by you or anyone using your computer; (iii) any deletions, additions, insertions or modifications to, or any unauthorized use of, the Service by you or someone using your computer; or (iv) any misrepresentation or breach of representation, warranty or covenant made by you contained herein.
12.1 Bunker Index will monitor your use of the website and may immediately suspend and terminate your access to the Service, without notice to you in writing, if you, in Bunker Index's sole discretion, fail to comply with any provision of these Terms and Conditions of Service.
12.2 Bunker Index shall not be liable to you or any third party for the termination or suspension of the Service, or any claims related to the termination or suspension of the Service.
13.1 This agreement and your use of the Bunker Index website shall be governed by English law. By agreeing to these Terms you also agree to submit to the non-exclusive jurisdiction of the English courts.
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15. Changes to Terms and Conditions
15.1 Bunker Index may decide to change these Terms and Conditions at its sole discretion. You will be deemed to have agreed to these Terms and Conditions by accessing the Bunker Index website after these changes are made and come into effect.
16.1 If any provision of these Terms is found for any reason to be invalid, unenforceable or unlawful by a court of competent jurisdiction or other competent authority, that provision shall be treated as severed from this agreement and shall not affect the validity or enforceability of any other provision of this agreement or of the remainder of these Terms as a whole.
17.1 If there is any conflict between these Terms and any service specific terms provided on the Site, the latter shall prevail.
18. User Consent
18.1 You agree that you have read and agree to be bound by these Terms and Conditions.
19.1 Your agreement to these Terms is personal to you and you may not assign or sub-license any of your rights or obligations set out in these Terms to any other person or entity.
20. User Authority to Agree to these Terms and Conditions
20.1 You agree that you have the power and authority to enter into this agreement and that you are at least eighteen (18) years old.
21. Entire Agreement
21.1 These Terms and Conditions and any other terms and conditions of service on this site, and its successor, constitute the entire agreement between you and Bunker Index and govern your use of the Service.
(Last Modified on: 10 June 2012 19:18 GMT)