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Terms and Conditions of Use
Thank you for your interest in DVB Bank SE (“DVB”) Research Spotlight ("Spotlight").
Below are the terms and conditions (“Terms”) under which you may use Spotlight. DVB is willing to provide access to Spotlight, subject to you accepting the Terms. By clicking the checkbox at the end of the Terms you accept and agree to abide by, without exception, limitation or qualification, these Terms. If you do not agree to abide by any of the Terms as noted here, you will not be granted access to Spotlight.
The content contained within the Spotlight website identified by the url: research.dvbbank.com (the "SpotlightWebsite"), includes but is not limited to text, data, software, graphics, logos, copyright, trademarks, business names and domain names, database rights, patents, rights to use, and protect the confidentiality of, confidential information including know-how and trade secrets and all other intellectual property rights whether registered or unregistered anywhere in the world ("Content”). Use of the Content on the Spotlight Website is granted only to the persons to whom DVB have provided credentials (each a “User”). DVB monitors usage and download levels and reserves the right to terminate access immediately at its sole discretion without notice to the User. The User accepts usage limits to the site and that DVB may restrict or withhold access to the Spotlight Website at its sole discretion.
The Content is DVB's proprietary material and must be kept strictly confidential. Nothing in these Terms grants any rights or licences to the User in relation to the Content accept as expressly set out herein. No person may use the Content in any way or reproduce or disseminate the information contained in the Content without the prior written consent of DVB. In particular, a User may not:
make Content available to third parties;
transmit Content to third parties, in particular, but not exclusively, to any of its equity providers irrespective of whether they are individuals, private or public institutions, banks or financial institutions;
quote from, or refer to, Content in prospectuses (in particular offering prospectuses), advertising material or other publications (such as press releases, speeches, brochures, etc.) used by him; or
take information from market outlook Content and insert the same into its own documents for internal use and/or make available to third parties unless such information is otherwise publicly available.
However, a User may transmit Content to its employees for use in the course of their work for the User, provided that the User has previously required its employees to comply with the obligations set out in (and subject to) the Agreement. The User may only distribute the Content to those of its employees who are directly involved in work for which the Content is of direct relevance.
The User shall be liable to DVB for any breach of these Terms by it or one or more of its employee and any other third parties to whom it grants access or makes Content available to.
The User shall not introduce, or allow any third party to introduce, any software virus or other malware into the Spotlight Website or provide access to or share information with any third parties which could result in the Spotlight Website being subject to a cyber attack. The User shall ensure that the IT systems on which the Spotlight Website is being accessed shall have sufficient technical and organizational security measures to prevent any form of cyber attack or hacking from taking place.
To the extent that the Spotlight Website contains any personal data, the User agrees not to make copies of that personal data or disclose it to any third parties, other than as expressly permitted under these Terms.
The Content is provided by DVB solely for information purposes with respect to the reports therein and nothing on the Spotlight Website constitutes (a) an offer to sell securities or the solicitation of an offer to buy, or recommendation for investment, or to enter into any transaction or adopt any investment strategy with regard to any financial product within the United States or any other jurisdiction or (b) legal, tax, regulatory, financial or accounting advice. In particular, no information or advisory agreement or partnership is concluded between the parties as a result of providing the User access to the Spotlight Website or the Content. All Content is used by the User at its own risk.
Content on the Spotlight Website is prepared by DVB exclusively for the use of Users. Users are permitted to download the Content and to use it, subject to the provisions set out in the Agreement.
There are legal requirements in various countries which may restrict the information which we can lawfully provide to residents of certain countries only. Persons into whose possession the Content on the Spotlight Website comes should inform themselves about and observe any restrictions imposed in the jurisdiction from which the web site is accessed. Moreover, none of the Content is intended as a prospectus within the meaning of the applicable laws of any jurisdiction and none of the Content is directed to any person in any country in which the distribution of such Content is unlawful. In the United States securities may not be sold absent registration or an exemption from registration under the Securities Act.
None of DVB, its affiliates and each of their respective directors, officers, employees, representatives, delegates or agents (each, a "DVB Person") makes any express or implied representations or warranties as to (a) the accuracy, adequacy or completeness of the Content, (b) the advisability of purchasing or entering into any financial product the performance of which is linked, in whole or in part, to the matters discussed in the Content, (c) the results to be obtained by the issuer of any product referenced in the Content or by any other person or entity, from the use of the Content or any data included therein for any purpose, (d) the merchantability or fitness for a particular purpose of any financial product referenced in the Content or (e) any other matter.
Each DVB Person hereby expressly disclaims, to the fullest extent permitted by applicable law, all warranties of accuracy, adequacy, completeness, merchantability or fitness for a particular purpose with respect to the Content. No DVB Person shall have any liability (direct or indirect, special, punitive, consequential or otherwise) to any person even if notified of the possibility of damages for any failures arising from recklessness, negligence or inadvertence. The User irrevocably waives any right it might have to bring any claim against any DVB Person in connection with the Content, except in so far as such a claim relates to fraud, wilful misconduct or gross negligence.
The User shall indemnify each DVB Person for such sums as they may from time to time require, on a full indemnity basis, to cover any direct or indirect, special, punitive, consequential losses, liabilities, costs or expenses (including legal fees), fines, taxes and levies, or costs which each DVB Person may incur or be subjected to with respect to any breach of the Agreement by the User or the failure by the User to observe or perform any provision of the Agreement or by the enforcement of DVB's rights.
The User acknowledges and agrees that damages alone may not be an adequate remedy for a breach of the Agreement and that DVB shall be entitled to seek the remedies of injunction, specific performance and other equitable relief for any threatened or actual breach of this Agreement.
If DVB becomes involved in any capacity in any action, proceeding or investigation brought by or against a DVB Person, arising out of or in connection with any breach of the terms of the Agreement by the User, the User will reimburse the relevant DVB Person on demand for its legal costs and any other expenses arising out of or incurred in connection therewith on a full indemnity basis.
The information and opinions in the Content constitute a judgement as at the date indicated and are subject to change without notice. The information may therefore not be accurate or current. DVB is not under any obligation to update the Content or to continue to make it available via the Spotlight Website, nor shall it have any liability for any errors, omissions, interruptions or delays relating to the Content. Except where otherwise indicated, the Content is based on matters as they exist as of the date of preparation and not as of any future date, and will only be updated on a twice-yearly basis (or such other period as DVB may determine from time to time) or otherwise revised to reflect information that subsequently becomes available.
DVB shall act as principal and not as agent or fiduciary of any other person.
The Spotlight Website contains links to third party websites. DVB cannot be held responsible for the content or accuracy of such websites. DVB provides links to third party websites for the convenience of the User and not as a form of endorsement. Any decision to visit a linked third party website is taken at the User's own risk.
DVB Persons may hold positions (long or short), effect transactions or act as market makers in the financial instruments of any entities referenced in the Content or act as managers, underwriters, placement agents, brokers or commercial and/or investment bankers, advisors or lender in relation to the securities or related derivatives which are the subject of, or form a basis for, the Content.
Past performance is not indicative of future performance and there can be no assurance that comparable results will be achieved or that estimated or target returns will be met. Any numbers or figures presented as past performance in the Content may include performances calculated from back-testing simulations. Any back-testing information provided herein is illustrative only and derived from proprietary models based on certain historic data and assumptions and estimates. Such back-testing information should not be considered indicative of the actual results that might be obtained from an investment or participation in a product referenced in the Content. Any scenario analysis is for illustrative purposes only and does not represent actual performance, nor does it purport to describe all possible performance outcomes for the relevant product.
Certain information will constitute "forward-looking statements", which can be identified by the use of forward-looking terminology such as "may", "will", "should", "expect", "anticipate", "target", "project", "estimate", "intend", "continue" or "believe", or the negatives thereof or other variations thereon or comparable terminology. Due to various risks and uncertainties, actual events or results or the actual performances may differ materially from those reflected or contemplated in such forward-looking statements.
The Content of the Spotlight Website is not in any way sponsored, endorsed or promoted by the issuer or sponsor, as applicable, of any of its subject matter.
If any of the provisions of the Agreement are or become ineffective or unenforceable, the effectiveness of the remaining provisions shall not be affected thereby. The ineffective or unenforceable provision shall, to the extent reasonably practicable, be replaced by a provision which corresponds as far as possible to the spirit and purpose of the ineffective or unenforceable provision.
The Agreement and any non-contractual obligations arising under or in connection with it shall be governed by and construed in accordance with English law and the courts of England shall have exclusive jurisdiction. The application of conflict of laws shall be excluded.
No term, condition or provision of this Agreement shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not a party to the Agreement.
The Content has not been prepared or verified in accordance with a particular regulator's rules and it is therefore possible that the information contained therein may not be compatible with the regulation of your particular jurisdiction.
DVB Research Spotlight is categorized by shipping sectors. Each sector is covered with in-depth sub-sector reports with a frequency of at least one per year.
In order to get access to DVB Research Spotlight please get in touch with your Account Manager in DVB. Alternatively you can receive pricing information via email - sor (hyphen) research @ dvbbank (dot) com