DISCLAIMER: ALL SERVICES PROVIDED “AS IS,” WITH NO WARRANTIES. All rights reserved.
1. Proprietary Rights. As between you and Markit, and except for your Submitted Materials (as defined in Section 5 below), Markit owns or has rights to, all right, title and interest in and to the Auction Site, the Auction Services and all the content, software, code, data and other materials thereon (collectively, the "Site Content"), the look and feel, design and organization of the Auction Site and the Auction Services, and the compilation of the Site Content, including but not limited to any copyrights, trademark rights, patent rights and other intellectual property and proprietary rights therein. Your use of the Auction Site and/or the Auction Services does not grant to you ownership or title of, in or to any Site Content or any other part of the Auction Site or Auction Services.
3. Trademarks. The trademarks, logos, service marks and trade names that may be displayed on the Auction Site and Auction Services are registered and unregistered trademarks of Markit and other persons (collectively, the "Trademarks"), and may not be used unless authorized by the respective Trademark owner. Nothing contained on the Auction Site or Auction Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Auction Site or Auction Services without the respective Trademark owner's written permission.
6. Rules of Conduct. While accessing or using the Auction Site and/or the Auction Services, in addition to any other supplementary terms and conditions that may be posted or otherwise made available in connection with particular areas or features of the Auction Site or Auction Services, you agree that you shall not:
11. Linking to the Auction Site. You agree that, without the prior express permission of Markit: (a) if you include a link from any other website to the Auction Site, such link shall open in a new browser window and shall link to the home page of the Auction Site; (b) you are not permitted to link directly to any image hosted on the Auction Site, such as using an "in-line" linking method to cause the image hosted by us to be displayed on another website; and (c) you may not link from any other website to the Auction Site in any manner such that the Auction Site, or any page of the Auction Site, is "framed," surrounded or obfuscated by any third party content, materials or branding. The posting or creation of a link to any Auction Site signifies that you have read the restrictions described herein and agree to abide by their terms. Markit may, in its sole discretion, insist that any link to the Auction Site be discontinued, and Markit may revoke your right to link to the Auction Site from any other website at any time upon written notice to you.
12. Third Party Web Sites. You may be able to link from the Auction Site to third party web sites, including, but not limited to the sites owned or controlled by the Auction Partners, and third party web sites may link to the Auction Site ("Linked Sites"). You acknowledge and agree that Markit has no responsibility for any information, content, advertising, products, services or other materials on any Linked Sites, and that links to Linked Sites do not necessarily constitute an endorsement, approval or sponsorship thereof by Markit. If you choose to rely on any Linked Site or information contained thereon, you are doing so at your own risk and you assume all responsibilities and consequences resulting from such choice.
13. DISCLAIMER OF WARRANTIES. THE AUCTION SITE AND AUCTION SERVICES, INCLUDING, WITHOUT LIMITATION, ALL INTERACTIVE SERVICES, CONTENT, FUNCTIONS, DOWNLOADS AND MATERIALS, ARE PROVIDED "AS IS," "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, CORRECTNESS, PRECISION, THOROUGHNESS, COMPLETENESS OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND MARKIT HEREBY DISCLAIMS ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. MARKIT DOES NOT WARRANT THAT THE AUCTION SITE OR AUCTION SERVICES, THE INTERACTIVE SERVICES OR THE SITE CONTENT WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED IN A TIMELY MANNER OR AT ALL. MARKIT MAKES NO WARRANTY THAT THE AUCTION SITE AND AUCTION SERVICES, IN WHOLE OR IN PART, WILL MEET USERS' REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MARKIT, OR FROM OR THROUGH THE AUCTION SITE OR AUCTION SERVICES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. MARKIT ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING OF THE AUCTION SITE OR THE AUCTION SERVICES OR YOUR DOWNLOADING OR UPLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE AUCTION SITE OR AUCTION SERVICES. IF YOU ARE DISSATISFIED WITH THE AUCTION SITE OR AUCTION SERVICES, YOU SHOULD DISCONTINUE USING THE AUCTION SITE AND/OR AUCTION SERVICES. MARKIT DOES NOT NECESSARILY ENDORSE, SUPPORT, SANCTION, ENCOURAGE OR AGREE WITH ANY SITE CONTENT OR ANY SUBMITTED MATERIALS, OR ANY OPINION, RECOMMENDATION, CONTENT, LINK, DATA OR ADVICE EXPRESSED OR IMPLIED THEREIN, AND MARKIT EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH SUBMITTED MATERIALS AND ANY OTHER CONTENT, MATERIALS OR INFORMATION AVAILABLE ON OR THROUGH THE AUCTION SITE AND AUCTION SERVICES CREATED OR PROVIDED BY USERS, PROVIDERS OR OTHER THIRD PARTIES. USE OF THE AUCTION SITE, THE AUCTION SERVICES, CREATION OF AN ACCOUNT OR THE SUBMISSION OF ANY SUBMITTED MATERIALS DOES NOT GUARANTEE ACCEPTANCE OR USE THEREOF.
WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, MARKIT AND ITS AFFILIATES, SUPPLIERS, AUCTION PARTNERS OR OTHER PROVIDERS, AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY SERVICES PROVIDED VIA THE AUCTION SITE OR AUCTION SERVICES, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE AUCTION SITE, THE AUCTION SERVICES OR IN CORRESPONDENCE WITH MARKIT OR ITS AGENTS.
14. LIMITATION OF LIABILITY. IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL MARKIT, OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS, INCLUDING AUCTION PARTNERS (COLLECTIVELY, THE "PROTECTED ENTITIES") BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE AUCTION SITE, AUCTION SERVICES OR THE CONTENT, MATERIALS AND FUNCTIONS OF OR RELATED THERETO, YOUR PROVISION OF INFORMATION OR CONTENT VIA THE AUCTION SITE OR AUCTION SERVICES, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE RESPONSIBLE OR LIABLE FOR OR IN CONNECTION WITH ANY DISPUTE BETWEEN OR AMONGST USERS OF THE AUCTION SITE OR AUCTION SERVICES, OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE AUCTION SITE OR AUCTION SERVICES.
16. Copyright. We respect the intellectual property rights of others, and require that the people who use the Auction Site and Auction Services do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to Markit's Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2) (the "DMCA"), named below:
Markit North America, Inc.
620 8th Avenue, 35th Floor
New York, NY 10018
Attention: Legal Department
Effective Date: 23 August 2012