- Trepp may change, suspend, or discontinue any aspect of the Service at any time in its sole discretion, including the availability of any Service feature, database, or content. Trepp may also impose limits on certain features and services or restrict Subscriber’s access to parts or all of the Service without notice or liability in its sole discretion.
- Being exposed to advertising is a condition of accessing the Service.
- Subscriber may not access or use, nor attempt to access or use, the Service to take any action that could harm Trepp or a third party. Subscriber may not use the Service in violation of applicable laws or in violation of Trepp’s or any third party’s intellectual property or other proprietary or legal rights. Subscriber further agrees that Subscriber shall not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Service, or any content thereof, or make any unauthorized use thereof. Without Trepp’s prior written consent, Subscriber shall not:
- access any part of the Service, Content, data or information Subscriber does not have permission or authorization to access or for which Trepp has revoked Subscriber’s access;
- use robots, spiders, scripts, service, software or any manual or automatic device, tool, or process designed to data mine or scrape the Content, data or information from the Service, or otherwise access or collect the Content, data or information from the Service using automated means;
- use services, software or any manual or automatic device, tool, or process designed to circumvent any restriction, condition, or technological measure that controls access to the Service in any way, including overriding any security feature or bypassing or circumventing any access controls or use limits of the Service;
- cache or archive the Content (except for a public search engine’s use of spiders for creating search indices);
- take action that imposes an unreasonable or disproportionately large load on Trepp’s network or infrastructure; and
- do anything that could disable, damage, or change the functioning or appearance of the Service, including the presentation of advertising.
Engaging in a prohibited use of the Service may result in civil, criminal, and/or administrative penalties, fines, or sanctions against the user and those assisting the user.
- SERVICE CONTENT
- The contents of the Service, including the Website, are intended only for Subscriber’s personal, noncommercial use. All materials published or made available on the Service by Trepp (including, but not limited to text, photographs, images, illustrations, designs, audio clips, video clips, “look and feel,” metadata, data, or compilations (collectively hereinafter sometimes, the “Content”)) are protected by copyright, and owned and/or controlled by Trepp. Trepp also owns copyrights in the selection, coordination, compilation, and enhancement of such Content (“Display”). Subscriber shall abide by all additional copyright notices, information, or restrictions contained in or on any Content accessed through the Service.
- Subscriber may download or copy the Content and other downloadable items displayed on the Service for Subscriber’s personal use only if Subscriber maintains all copyright and other notices contained therein. Copying or storing of any Content for other than personal use is expressly prohibited without prior written permission from Trepp.
- USER GENERATED CONTENT
- If any Subscriber uploads, posts or submits any content on the Service, that Subscriber represents to Trepp that Subscriber has all the necessary legal and other necessary and applicable rights to upload, post or submit such content and that Subscriber will not violate any law or the rights of any person or entity. Subscriber shall not upload to or distribute or otherwise publish on the Service any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material. Subscriber shall not impersonate anyone else or otherwise misrepresent Subscriber’s identity, affiliation, or status. Subscriber agrees not to provide material and misleading information knowingly and/or with intent to defraud. Subscriber shall not upload to or distribute or otherwise publish on the Service any malware, viruses, spyware, or other malicious software or files to the Service. Subscriber shall not use automated means to upload to, or distribute or otherwise publish onto, the Service any content.
- The Service shall be used only in a noncommercial manner. Subscriber shall not, without the express prior written approval of Trepp, distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services.
- Subscriber acknowledges that any submissions Subscriber makes to the Service (i.e., user-generated content including but not limited to: comments, forum messages, reviews, text, video, audio and photographs, as well as computer code and applications) (each, a “Submission”) may be edited, removed, modified, published, transmitted, and displayed by Trepp and that Subscriber waives any rights Subscriber may otherwise have with regard to an alteration or change made to a Submission in a manner not agreeable to Subscriber.
- Subscriber grants Trepp a perpetual, nonexclusive, world-wide, royalty-free, transferable, assignable, sub-licensable license to each of the Submissions, which includes, without limitation the right for Trepp, or any third party it designates, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, communicate to the public, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed, any Submission posted by Subscriber on or to the Service or any other website owned by Trepp, including any Submission posted on or to the Service through a third party.
- By making a Submission, Subscriber is consenting to the display and publication of the Submissions on the Website and in the Service and for related online and offline promotional uses.
- TERM AND TERMINATION
- Subscriber has the option to try the Service at no cost for fifteen (15) days (the “Free Trial Period”). After Subscriber’s Free Trial Period, the Service will automatically upgrade to an annual subscription upon expiration of Free Trial Period and Subscriber will be responsible for the applicable annual fee. If Subscriber does not wish to upgrade to an annual subscription, Subscriber may cancel anytime during the Free Trial Period only, by visiting Subscriber’s user account and adjusting Subscriber’s subscription settings.
- The term of the Service will begin on earlier of (i) the date Subscriber registers to use the Service or (ii) upon the expiration of the Free Trial Period unless otherwise canceled, and will continue for an initial period of one (1) year (“Initial Period”) from the end of the Free Trial Period. The Service will automatically renew thereafter for successive one (1) year periods (each, a “Renewal Term” and, collectively with the Initial Period, the “Term”) at the then current list price unless Subscriber notifies Trepp by email (email@example.com) of Subscriber’s decision to terminate the subscription at least thirty (30) days prior to the end of the Initial Period or the then-current Renewal Term. All fees shall be non-refundable.
- Subscriber acknowledges that Subscriber shall not receive notice of a renewal cancellation date and expressly waives the application of New York General Obligation Law section 5-903, and any similar laws.
- REPRESENTATIONS AND WARRANTIES; INDEMNIFICATION; LIMITATION OF LIABILITIES
- REGISTRATION AND SECURITY
- As part of the registration or account creation process, Subscriber will create login credentials by selecting a password and providing an e-mail address. Trepp may also request that Subscriber provide certain registration information, which must be accurate and updated.
- Subscriber shall immediately notify Trepp at firstname.lastname@example.org of any known or suspected unauthorized use(s) of Subscriber’s account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of Subscriber’s password or credit card information.
- Subscriber is responsible for all usage or activity on Subscriber’s account with Trepp, including use of the account by any third party authorized by Subscriber to use Subscriber’s login credentials. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of Subscriber’s account, at Trepp’s sole discretion, and Trepp may refer Subscriber to appropriate law-enforcement agencies.
- THIRD-PARTY LINKS
- The Service contains links to third-party websites, resources, and advertisers (collectively, “Linked Content”). Trepp does not control, endorse, sponsor, recommend or otherwise accept responsibility for any of this Linked Content. Because Trepp is not responsible for the availability of these outside resources, or their contents or privacy practices, Subscriber should direct any concerns regarding any Linked Content to such site.
- GOVERNING LAW; JURISDICTION
- If Subscriber believes that Subscriber’s work has been copied in a way that constitutes copyright infringement, please provide Trepp with all the following information:
- a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
- a description of the copyrighted work that Subscriber claims has been infringed;
- a description of where the material that Subscriber claims is infringing is located on the Website
- Subscriber’s address, telephone number, and email address and all other information reasonably sufficient to permit Trepp to contact Subscriber;
- a statement by Subscriber that Subscriber has a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by Subscriber, made under penalty of perjury, that the above information in Subscriber’s Notice is accurate and that Subscriber is the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Such notices of claimed copyright infringement should be sent to:
Mathew S. Kelman, Esq.,
53 West 23rd Street, 12th Floor
New York, NY 10010
- Correspondences should be sent to email@example.com.