Terms of Use
This website, related websites, apps and products (each, a “Site” or “Service”) linking to these Terms of Use (“Terms of Use”) are owned and operated by Baltic Exchange Limited and/or its affiliates (collectively, “Baltic”). These Terms of Use contain the terms, covenants, conditions, and provisions upon which you may access and use the Site that you are on and the content displayed thereon, including (without limitation) the materials, tools, products, services, publications and information (collectively, the “Materials”). They shall be read with the online terms and conditions set out on the Baltic’s website at https://www.balticexchange.com/en/site-services/terms-and-conditions.html, the Baltic Data Policy, and any other terms and conditions imposed by Baltic from time to time, and such terms shall be incorporated by reference in to these Terms of Use.
BALTIC RESERVES THE RIGHT TO CHANGE THE TERMS AND CONDITIONS OF THESE TERMS OF USE UPON NOTICE, WHICH MAY BE GIVEN BY BALTIC POSTING SUCH CHANGE (OR REVISED TERMS OF USE) ON THE SITE, BY E-MAIL, OR BY ANY OTHER REASONABLE WAY. IF A CHANGE IS NOTIFIED BY A POSTING ON THE SITE, IT SHALL BE DEEMED TO TAKE EFFECT WHEN POSTED; IF A CHANGE IS NOTIFIED BY E-MAIL, IT SHALL BE DEEMED TO TAKE EFFECT WHEN THE E-MAIL IS SENT; AND IF A CHANGE IS NOTIFIED IN ANY OTHER WAY, IT SHALL BE DEEMED TO TAKE EFFECT WHEN THE RELEVANT NOTICE IS SENT OR ISSUED BY OR ON BEHALF OF BALTIC. YOUR CONTINUED USE OF THIS SITE FOLLOWING NOTICE OF SUCH CHANGES WILL BE CONCLUSIVELY DEEMED YOUR ACCEPTANCE OF ANY CHANGES TO THESE TERMS OF USE. YOU AGREE THAT NOTICE OF CHANGES TO THESE TERMS OF USE ON THE SITE, DELIVERED BY EMAIL, OR PROVIDED IN ANY OTHER REASONABLE WAY CONSTITUTES REASONABLE AND SUFFICIENT NOTICE.
By using this Site and/or accessing the Materials, you acknowledge that you have read these Terms of Use, understand them, and agree to be bound by their terms and conditions. If you do not agree to these Terms of Use, you shall neither access nor use this Site. If you register with this Site, the user agreement you enter into as part of that registration process, rather than these Terms of Use, will govern your use of this Site.
Terms and Conditions
1. Grant of License. These Terms of Use provide you with the following personal, revocable, non-exclusive, non-transferable license to use the Site and the Materials solely for your internal business purposes, conditioned on your continued compliance with the terms and conditions of these Terms of Use:
For all Sites, you may not obscure, alter, remove or delete any copyright or other proprietary notices or disclosures contained in the Materials. With the exception of the foregoing and except as otherwise expressly permitted herein, you may not modify, create derivatives of, copy, print, export, download, distribute, repackage, redistribute, disseminate, broadcast, transmit, reproduce, publish, license, transfer, sell or re-sell, mirror, frame, “deep link”, “scrape”, data mine, or otherwise use or store for subsequent use for any such purpose, any information or Materials obtained from or through this Site, without Baltic prior written consent. Further, you may not post any Materials from this Site to forums, newsgroups, list serves, mailing lists, electronic bulletin boards, or other websites. For the avoidance of doubt, you may make copies of the Materials and distribute such copies internally and to affiliates, provided that such copying and distribution is solely for your internal business purposes.
You warrant to Baltic that you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use, including but not limited to attempting or actually (i) disrupting, impairing or interfering with this Site, or (ii) collecting any information about other users of this Site, including passwords, accounts or other information.
2. Intellectual Property Rights. All Materials contained on the Site, unless otherwise indicated, are protected by law including, but not limited to, United Kingdom and/or United States copyright, trade secret, and trademark law, as well as other state, national, and international laws and regulations. The Site, its Materials, layout and design are the exclusive property of Baltic or its licensors and, except as expressly provided herein, Baltic does not grant any express or implied right in any such Materials to you. Notwithstanding anything to the contrary in these Terms of Use, including with respect to any rights expressly provided to you herein, you may not use scraping tools or other computer automation to copy or extract any Materials contained on this Site for any purpose. Baltic and/or its licensor/s own the copyright in the Site as a collective work and/or compilation, any and all databases accessible on the Site, and in the selection, coordination, arrangement, and enhancement of the Materials on the Site. “Baltic”, “Baltic Exchange” and all other names, logos, and icons identifying Baltic and/or Baltic products and services are proprietary marks of Baltic or its licensors. Third-party trademarks displayed on the Site are the property of their respective owners.
3. Privacy Policy. Please see the Baltic Privacy Policy available at https://www.balticexchange.com/en/site-services/privacy-policy.html for a summary of Baltic personal data collection and use practices with respect to the Site.
4. Password Policy. Your use of certain portions of the Site requires that you register an email address and select a password. Anyone with knowledge of your password can gain access to the restricted portions of the Site and the information available to you. Accordingly, you must keep your password secret. By agreeing to these Terms of Use, you agree to be solely responsible for the confidentiality and use of your respective password, as well as for any communications entered through this Site using your password. You will also immediately notify Baltic if you become aware of any loss or theft of your password or any unauthorized use of your password. Baltic reserves the right to delete or change a password at any time and for any reason.
5. Assumption of Risk. You use the Internet solely at your own risk and subject to all applicable local, state, national, and international laws and regulations. While Baltic has endeavored to create a secure and reliable website, please be advised that the confidentiality of any communication or material transmitted to/from this Site over the Internet cannot be guaranteed. Accordingly, Baltic and Baltic licensors and suppliers are not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information.
6. Fees and Limitation of Liability
Baltic may from designate the fees which shall be payable for use of the Services and/or Materials and/or access to any part of the Site, and Baltic reserves the right to amend such fees from time to time. Any fees paid or credits purchased must be utilized within 2 years of payment. No refunds shall be payable for any unutilized fees or credits which are not utilized within the foregoing period, or in the event of a termination of these Terms with you for any reason.
Baltic and Baltic licensors and suppliers shall have no liability for interruptions or omissions in Internet, network or hosting services. You assume the sole and complete risk of using the Service. Further and without limiting the foregoing, the Materials shall not be construed as a comprehensive due diligence service or procedure, and your use of or reliance on the Materials is entirely at your own risk. Baltic disclaims any and all guarantees, representations and warranties, expressed or implied, in relation to the Materials and shall not be responsible or liable (whether under contract, tort (including negligence) or otherwise) for any loss or damage of any kind (whether direct, indirect or consequential losses or other economic loss of any kind, including without limitation loss of profit, loss of reputation and loss of opportunity) suffered or incurred by any person due to any omission, error, inaccuracy, incompleteness, or otherwise, any reliance on the Service and the information it provides, or arising from and/or in connection with the Materials. The information in the Materials has or may have been obtained via third party sources and which have not been independently verified by Baltic, and Baltic does not endorse the content of such information provided.
6. Enforcing Security. Actual or attempted unauthorized use of any of the Site may result in criminal and/or civil prosecution. To maintain the security and integrity of the Site, Baltic reserves the right to review and record activity on the Site to the extent permitted by law and consistent with Baltic Privacy Policy. Any information obtained by such reviewing or recording activity is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity on any of the Site Baltic may also comply with court orders involving requests for such information.
7. Links to Other Websites. Baltic may provide links, in its sole discretion, to other websites on the World Wide Web for your convenience in locating related information and services. These websites have not necessarily been reviewed by Baltic and are maintained by third parties over which Baltic exercises no control. Accordingly, Baltic and its directors, officers, employees, agents, representatives, licensors and suppliers (together, the “Baltic Parties”) expressly disclaim any responsibility for these third-party websites, including, without limitation, for the content, the accuracy of the information, the quality of products or services provided by or advertised on and/or software downloaded from these third-party websites, nor any liability or responsibility for any fees, obligations or liabilities that you may incur when accessing such third-party websites, or for any losses caused by inability to access any such third-party website. Moreover, these links do not imply an endorsement of any third party or any website or the products or services provided by any third party.
8. Events Beyond Baltic’s Control. You expressly absolve and release Baltic and Baltic licensors and suppliers from any claim of harm resulting from a cause beyond their control, including, but not limited to, the failure of electronic or mechanical equipment or communication lines, telephone or other connectivity problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorism or governmental restrictions.
9. DISCLAIMERS. Baltic obtains all Materials furnished on the Site from sources believed by it to be accurate and reliable. You expressly agree that you will with due care, make your own study and evaluation of each person, entity and/or business addressed in any Material, and you expressly agree that any tools or information made available on the Site are not a substitute for the exercise of independent judgment and expertise. You should always seek the assistance of a professional for advice on investments, tax, the law, or other professional matters.
The Site and all related Materials are provided on an "AS IS" and “AS AVAILABLE” basis without representation or warranty of any kind, and THE BALTIC PARTIES MAKE NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, TO YOU OR ANY OTHER PERSON OR ENTITY AS TO THE ACCURACY, RESULTS, TIMELINESS, COMPLETENESS, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE SITE OR ANY RELATED MATERIALS. Baltic makes no representation or warranty that any Materials on the Site are appropriate or available for use in any particular locations, and access to them from territories where any of the contents of this Site are illegal is prohibited. If you choose to access this Site from such locations, you do so on your own volition and are responsible for compliance with any applicable local laws, rules and regulations. Baltic may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction Baltic chooses, at any time and in Baltic sole discretion. You agree and acknowledge that no oral or written information or advice given by Baltic or any of its employees or agents in respect to the Site shall constitute a representation or a warranty unless such information or advice is incorporated into these Terms of Use by a written agreement. FURTHER, THE MATERIALS MADE AVAILABLE ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND THERE MAY BE TIMES WHEN THIS SITE OR ITS MATERIALS ARE UNAVAILABLE. MOREOVER, BALTIC MAY MAKE MODIFICATIONS AND/OR CHANGES TO THE SITE OR TO THE MATERIALS DESCRIBED OR MADE AVAILABLE ON THE SITE AT ANY TIME, FOR ANY REASON. YOU ASSUME THE SOLE RISK OF MAKING USE OF AND/OR RELYING ON THE MATERIALS MADE AVAILABLE ON THE SITE.
TO THE EXTENT PERMITTED BY LAW, THE BALTIC PARTIES DISCLAIM LIABILITY TO ANY PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL LOSSES OR DAMAGES WHATSOEVER ARISING FROM OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF THIS SITE AND ITS MATERIALS OR THE USE OF OR INABILITY TO USE THE SITE OR ANY OF ITS MATERIALS, EVEN IF ANY OF THE BALTIC PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, INCLUDING, BUT NOT LIMITED TO:
(i) COMPENSATION, REIMBURSEMENT OR DAMAGES ON ACCOUNT OF THE LOSS OF PRESENT OR PROSPECTIVE PROFITS;
(ii) EXPENDITURES, INVESTMENTS OR COMMITMENTS, WHETHER MADE IN THE ESTABLISHMENT, DEVELOPMENT OR MAINTENANCE OF BUSINESS REPUTATION OR GOODWILL;
(iii) LOSS OF DATA;
(iv) COST OF SUBSTITUTE MATERIALS;
(v) COST OF CAPITAL;
(vi) THE CLAIMS OF ANY THIRD PARTY, OR
(vii) ANY SUCH DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY OTHER REASON WHATSOEVER.
TO THE EXTENT PERMITTED BY LAW, BALTIC DISCLAIMS LIABILITY FOR ANY DIRECT OR COMPENSATORY LOSSES OR DAMAGES CAUSED TO ANY PERSON OR ENTITY, INCLUDING BUT NOT LIMITED TO BY ANY NEGLIGENCE (BUT EXCLUDING FRAUD, WILLFUL MISCONDUCT OR ANY OTHER TYPE OF LIABILITY THAT, FOR THE AVOIDANCE OF DOUBT, BY LAW CANNOT BE EXCLUDED) ON THE PART OF, OR ANY CONTINGENCY WITHIN OR BEYOND THE CONTROL OF, BALTIC ARISING FROM OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THIS SITE AND ITS MATERIALS.
YOU MUST USE ALL REASONABLE EFFORTS TO MITIGATE ANY LOSS OR DAMAGE WHATSOEVER (AND HOWSOEVER ARISING) AND NOTHING IN THESE TERMS OF USE SHALL BE DEEMED TO RELIEVE OR ABROGATE YOU OF ANY SUCH DUTY TO MITIGATE ANY LOSS OR DAMAGE.
IN ANY EVENT, TO THE EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF BALTIC FOR ANY REASON WHATSOEVER RELATED TO ACCESS TO OR USE OF THIS SITE AND ITS MATERIALS SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU FOR SERVICES PROVIDED VIA THIS SITE PURSUANT TO THESE TERMS OF USE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY.
10. Indemnity. You agree to indemnify and hold harmless Baltic, its licensors and suppliers, all of their affiliates, and all of their respective officers, directors, employees, shareholders, representatives, agents, successors and assigns, from and against any damages, liabilities, costs and expenses (including reasonable attorneys’ and professionals' fees and court costs) arising out of any third party claims based on or related to your use of the Site or any breach by you of these Terms of Use.
11. Governing Law. These Terms of Use, including (without limitation) any disputes relating to the Materials on the Site, whether in contract, tort, statute or otherwise, are governed by the laws of England and Wales.
12. Term, Termination. These Terms of Use will take effect when you first commence using the Site. Baltic reserves the right at any time and for any reason to deny you access to the Site or any portion thereof. Termination will be effective without notice.
13. Waiver. Failure to insist on strict performance of any of the terms and conditions of these Terms of Use will not operate as a waiver of any subsequent default or failure of performance. No waiver by Baltic of any right under these Terms of Use will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.
14. Nature of Relationship. No joint venture, partnership, employment, or agency relationship exists between you and Baltic as a result of these Terms of Use or your use of this Site.
15. Severability. The provisions of these Terms of Use are severable. If any provision (or part of any provision) shall be determined to be void or unenforceable, the relevant provision or part of any provision shall be deemed deleted and these Terms of Use, and the validity and enforceability of all remaining provisions (and parts of any provisions) of these Terms of Use, shall not be affected.
16. Entire Agreement/Reservation of Rights. Your rights to use certain Materials available on or through this Site may be subject to separate written agreements with Baltic (“Other Agreements”). Particular pages or features of this Site with content supplied by Baltic or its licensors may have different or additional terms ("Special Terms"), which will be disclosed to you when you access those pages or features, and by accessing or using such pages and features, you will be deemed to have agreed to the applicable Special Terms. If there is a conflict between these Terms of Use and the Special Terms, the Special Terms will govern with respect to such pages or features or content. In the event of a conflict between these Terms of Use and one or more Other Agreements, the terms of such Other Agreement(s) shall govern and control with respect to such pages or features or content that are the subject of the Other Agreement(s). With the exception of any Special Terms and Other Agreements, these Terms of Use represent the entire agreement between you and Baltic with respect to your use of, and Material available on or through, the Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and Baltic with respect to the Site. Any rights not expressly granted herein are reserved.
17. Third Party Beneficiaries. Baltic licensors mentioned in these Terms of Use are intended to be third party beneficiaries of the terms and conditions set forth herein, as applicable to their respective products and services.
18. Assignment. You may not assign your rights and obligations under these Terms of Use without the prior written consent of Baltic. Any assignment made in violation of the foregoing prohibition shall be null and void. These Terms of Use shall be binding upon the parties hereto and their respective successors and permitted assigns.