Mercury Diamond is a leading diamond pricing consultancy
Acceptance of Terms. When you access or browse www.mercurydiamond.com (the "Site") which is owned by Mercury Diamond ("Mercury" or "We"), you acknowledge that you have read and agree to abide by the terms described below and any changes thereto (the "Terms of Use"). Please note that the Terms of Use do not affect the terms and conditions of any agreement you may have with Mercury or any of its corporate affiliates for products or services. If you do not agree to the terms discussed here, you should exit this Site now.
In addition to the Terms of Use, please review our Privacy Policy which is incorporated herein by reference, together with such other policies of which you may be notified of by us from time to time.
The Site. Mercury makes this Site and the Materials and Services (as defined herein), available for your access and use subject to the Terms of Use and Privacy Policy. "Materials" means all information, documents (e.g. press releases, newsletters, FAQs, etc.), communications, text, images, photographs, graphics, videos and content made available or enabled via the Site by Mercury including (but not limited to) the Index (as defined below). "Services" means all services and resources offered or enabled via the Site by Mercury, including download areas, tools, information about Mercury’s products or other information regarding related topics and newsgroups.
The Terms of Use constitute a legally binding contract between you and Mercury. If you breach any of the Terms of Use, your authorization to access or use this Site and Materials automatically terminates, and any Materials downloaded or printed from the Site in violation of the Terms of Use must be immediately destroyed.
The Index. The Mercury Diamond Global Tracker Index (the "Index") is the exclusive property of Mercury Diamond, which has contracted with S&P Opco, LLC (a subsidiary of S&P Dow Jones Indices LLC) ("S&P Dow Jones Indices") to calculate and maintain the Index. S&P® is a registered trademark of Standard & Poor's Financial Services LLC ("SPFS"); Dow Jones® is a registered trademark of Dow Jones Trademark Holdings LLC ("Dow Jones"); and these trademarks have been licensed to S&P Dow Jones Indices. "Calculated by S&P Dow Jones Indices" and its related stylized mark(s) have been licensed for use by Mercury Diamond. Neither S&P Dow Jones Indices, SPFS, Dow Jones nor any of their affiliates sponsor and promote the Index and none shall be liable for any errors or omissions in calculating the Index.
Amendments. Mercury may change the Terms of Use from time to time at its sole discretion. Your continued access or use of the Site, or any Materials, constitutes your acceptance of the changes. Your access and use of the Site and Materials will be subject to the most current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. Please regularly check the "Terms of Use" link on the home page of the Site to view the then-current terms.
Copyright. The data and information made available via this Site, the Index or any other Materials and Services accessible via the Site (the "Available Information"), are protected by international copyright and trademark laws. The copyrights are owned by Mercury or the original creator of the Materials and Services. Any unauthorized copy or use of the Materials and Services may violate the aforementioned laws and the Terms of Use. Except as specifically permitted, no portion of the Site (including without limitation the Index) may be distributed, copied or reproduced by any means, or in any form, without Mercury’s prior written permission. Mercury hereby provides you with a limited, revocable, non-exclusive and non-transferable license, without the right of sub-license to view, copy, and print Mercury’s Materials and Services from the Site, as long as:
Without derogating from the generality of the foregoing, the Available Information may not be used in connection with the structuring, creation, calculation, development, compilation, publication or distribution of any financial product or instrument or any index or investment strategy. Mercury reserves the right to revoke such aforementioned authorizations at any time, and any such use shall be discontinued immediately upon notice. Logos, graphics, sounds or images on this Site may not be reproduced or distributed unless expressly permitted by Mercury in writing.
Intellectual Property. Any Available Information and all Intellectual Property Rights related thereto, and any part thereof, shall remain the sole and exclusive property of Mercury. You acknowledge that except as expressly provided hereunder, you are not conveyed any rights with respect to the information contained herein. For the purpose of this section, the term "Intellectual Property Rights" shall mean all intellectual property rights, whether or not patentable, including (without limitation) all copyrights, trademarks, service marks, trademark applications, trade dress, trade secrets, logos, designs, databases, know-how, methods, methodologies, formulas, algorithms, patents, patent applications and parent rights thereof including (but not limited to) any and all continuations, divisions, re-examinations or extensions and any rights analogous to the foregoing.
Use of Site, Materials and Services. You shall pay all costs and charges, including phone charges and telecommunications equipment costs, that you incur in order to access or use the Site, Services and Materials. You agree to use the Services only to access, utilize, post, send or receive Materials in an appropriate manner as related to the particular Materials or Services being accessed or used by you. As some examples of improper activities when accessing or using the Site, Services or Materials, you agree that you shall not engage with any of the following activities, or submit content which promote any of the following activities:
Mercury may make available to you the Index and other Materials or Services (including advertisements and promotions) via its third party agents, partners or vendors (the "Third Party Services"). You acknowledge and agree that information provided via such Third Party Services, which may include (without limitation) financial market data, quotes and graphs (the "Third Party Information") is not endorsed or approved by Mercury. In addition, Mercury offers no guarantees in respect to the accuracy, timeliness, completeness or correct sequencing of the Third Party Information (including if such Third Party Information is provided on the Site) and assumes no responsibility or liability of any type with respect to the Third Party Services and the Third Party Information, including (but not limited to) any liability resulting from incompatibility between a Third Party Service, the Materials, the Services or any other Third Party Services. You agree that you will not hold Mercury responsible or liable with respect to the Third Party Services and Third Party Information. You will not "deep-link", redistribute or facilitate the redistribution of Third Party Information, nor will you provide access to the Third Party Information to anyone who is not authorized by Mercury to receive the Third Party Information.
Links. The Site, Services or Materials may contain links to third-party sites (“Linked Sites”). Mercury does not guarantee, endorse or accept responsibility for the content of any of these Linked Sites. Mercury provides these links as a convenience and does not endorse the companies or contents of any Linked Sites. Mercury has no control of the Linked Sites and you, therefore, acknowledge and agree that Mercury is not responsible for the contents of any Linked Sites, any link contained in the Linked Sites or any changes or updates to the Linked Sites. You further acknowledge and agree that Mercury is not responsible for any form of transmission (e.g. webcasting) received from any Linked Sites, or any information provided or submitted by our users to such third parties. We encourage our users to review Linked Sites' respective terms and conditions prior to providing any information.
No Warranty. While Mercury attempts to make the Available Information (including without limitation the Index) as accurate as possible, it assumes no responsibility for the accuracy or inaccuracy of the Available information or any part thereof. Mercury may change the Available Information at any time without notice.
This Site, the Services and Materials, are provided “as is” and "as available" and are without warranty of any kind, whether express or implied, statutory or otherwise. Mercury disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and any express or implied warranties arising from any course of dealing, usage or trade practice.
Limitation of Liability. To the fullest extent permitted by applicable laws, Mercury, its shareholders, officers, directors, employees, partners and/or its suppliers are not liable for any direct, indirect, special, incidental or consequential damages arising out of the use — or the inability to use — the Materials (including without limitation the Index) and Services on this Site. This includes, but is not limited to, the loss of data or loss of profit, even if Mercury was advised of the possibility of such damages.
User Material. Any material, information, or idea submitted or posted on or through this Site (“User Material”) will be considered non-confidential and non-proprietary. Mercury may share or otherwise use your User Material for any purpose whatsoever. If any of the information submitted constitutes personal data, you agree that Mercury may transmit such personal data across international boundaries for any Mercury business purpose. Mercury may remove any posted or submitted User Material from the Site for any reason without notice in its sole discretion. By posting or submitting your User Material, you represent and warrant that you own or otherwise control all of the intellectual property rights and other rights to your User Material, including all the rights necessary for you to post or submit your User Material and you are solely and entirely responsible for all the User Material that you post or otherwise submit via the Site or Services. Mercury further reserves the right at all times to disclose any information received from you as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request or in accordance with these Terms of Use.
Disclaimer. NONE OF THE AVAILABLE INFORMATION (DEFINED IN THE "COPYRIGHT" SECTION ABOVE) SHALL CONSTITUTE AN OFFER OR INVITATION TO INVEST IN ANY OF MERCURY'S PRODUCTS OR SERVICES OR IN DIAMONDS GENERALLY. MERCURY DOES NOT REPRESENT OR GUARANTEE THAT ANY OF THE AVAILABLE INFORMATION IS ACCURATE, COMPLETE, CURRENT, REAL-TIME OR APPROPRIATE FOR YOUR NEEDS. CERTAIN AVAILABLE INFORMATION IS OBTAINED FROM THIRD PARTY PROVIDERS WHO ARE IN GENERAL UNDERSTOOD TO BE SOURCES OF RELIABLE DATA AND INFORMATION. NONETHELESS, DUE TO A VARIETY OF DIFFERENT FACTORS, INCLUDING HUMAN AND MECHANICAL ERROR, THE TIMELINESS, COMPLETENESS, ACCURACY AND CORRECT SEQUENCING OF SUCH INFORMATION AND DATA AND RESULTS OBTAINED FROM USE THEREOF ARE NOT GUARANTEED BY MERCURY. YOU SHOULD NOT RELY UPON THE AVAILABLE INFORMATION IN CONNECTION WITH ANY INVESTMENT, TRADING OR PURCHASING DECISION. THE AVAILABLE INFORMATION SHOULD ONLY BE USED AS GENERAL BACKGROUND REGARDING THE DIAMONDS INDUSTRY.
SPECIFICALLY, MERCURY DIAMOND DOES NOT GUARANTEE THAT THE DATA AND INFORMATION PROVIDED VIA OR IN CONNECTION WITH THE INDEX (THE "INDEX INFORMATION") IS ACCURATE, COMPLETE, CURRENT, REAL-TIME OR APPROPRIATE FOR YOUR NEEDS, IRRESPECTIVE OF WHETHER SUCH INFORMATION IS PROVIDED BY MERCURY DIAMOND OR ITS THIRD PARTY PROVIDERS. YOU SHOULD NOT RELY UPON THE INDEX INFORMATION IN CONNECTION WITH ANY PURCHASING, INVESTMENT OR TRADING DECISION. THE INDEX INFORMATION PROVIDES A GENERAL INDICATION OF PAST TRENDS IN DIAMONDS PRICES BUT CANNOT BE RELIED UPON TO PREDICT FUTURE TRENDS AND CANNOT SUBSTITUTE PHYSICAL EXAMINATION OF SPECIFIC DIAMOND(S) BY AN EXPERT.
IN ADDITION, PLEASE NOTE THAT INVESTING OR TRADING IN DIAMONDS CARRIES A HIGH LEVEL OF RISK AND THEREFORE YOU SHOULD BECOME AWARE OF ALL THE ASSOCIATED RISKS BEFOREHAND AND SEEK ADVICE FROM AN INDEPENDENT AND SUITABLY LICENSED ADVISOR.
Indemnity and Liability. You agree to indemnify and hold Mercury and its officers, partners and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of, inter alia: (a) your User Material and any other content (e.g. computer viruses) that you may submit, post to or transmit through the Site; (b) your access to or use of the Site, Services or Materials; (c) your violation of the Terms of Use; (d) your infringement of any third party’s Intellectual Property Rights or your violation of any third party rights.
Governing Law and Jurisdiction. Your use of the Site and these Terms of Use shall be exclusively governed in all respects by the laws of the Principality of Monaco, without giving effect to its conflict of laws provisions, and any action brought by you against Mercury shall be decided exclusively by the authorized courts of the Principality of Monaco. Notwithstanding this, you agree that Mercury shall still be allowed to apply for injunctive remedies (or other equivalent types of urgent legal remedies) in any jurisdiction.
General. The Terms of Use and other rules, guidelines and disclaimers posted via the Site or in connection with the Materials and Services constitute the entire agreement between Mercury and you with respect to your access to or use of the Site, Materials and Services, and supersede any prior agreements between you and Mercury on such subject matter (including any prior versions of the Terms of Use). If for any reason a court of competent jurisdiction finds any provision of the Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by Mercury to enforce or exercise any provision of the Terms of Use or related right shall not constitute a waiver of that right or provision.
Contact Us. If you have any questions or queries about the Terms of Use, please contact us via the contact form on the Site or by email to the following address: info@mercurydiamond.com.
