Last updated on: November 14, 2018
Use and Acceptance
Intellectual Property/Authorized Use
Limited License to You
Representations and Warranties
Links to Other Web Sites
Limitation of Liability
Privacy and Security
Jurisdiction/Choice of Law
Apple-Specific Terms and Conditions
USE AND ACCEPTANCE
INTELLECTUAL PROPERTY/AUTHORIZED USE
The Mobile App and Services contain copyrighted works, trademarks and other proprietary material owned by BNY Mellon or third party providers. BNY Mellon and our providers own all rights, title and interest in and to the Mobile App, all the content, data and materials thereon, the look and feel, design and organization of the Mobile App, and the compilation of the content, data, and materials on the Mobile App, including all intellectual property and proprietary rights therein.
You may use the material available from the Mobile App and Services for informational purposes only. You may print copies of pages from the Mobile App for your personal purposes, provided that each copy includes any copyright, trademark or service mark notice or attribution as they appear, on the pages copied. The availability of third party material on the Mobile App is not to be used as a substitute for a license or services agreement directly with the relevant third party provider. Except as stated above, you may not copy, reproduce, publish, post, transmit, display, store, sublicense, transfer or distribute material from the Mobile App or Services without BNY Mellon’s express written permission and that of our third party providers, as applicable ("Permission").
You also may not:
- modify, alter, revise, paraphrase, omit, or change any material on or from the Mobile App or Services without Permission;
- create derivative works, whether based in whole or in part upon the material on the Mobile App or Services, or any portion thereof, without Permission;
- modify, amend, reduce the size of or in any way obscure any warning, notice, liability limitation, or other license provision in material on or from the Mobile App or Services;
- reverse engineer, decompile or disassemble any portion of the Mobile App, except where such restriction is expressly prohibited by applicable law;
- link to or use for any public or commercial purpose material on or obtained from the Mobile App or Services without Permission; or
- engage in unauthorized use of the Mobile App and Services, including but not limited to unauthorized entry into BNY Mellon systems, misuse of passwords, or misuse of any material on or obtained from the Mobile App or Services.
Doing any of the acts listed above may constitute an infringement of BNY Mellon and/or a third party’s copyright and other intellectual property and/or may constitute an infringement of laws, rules or applicable regulations.
Nothing contained on the Mobile App or Services should be construed as granting, by implication, estoppel or otherwise, any license or right in and to BNY Mellon’s trademarks or copyrighted material.
LIMITED LICENSE TO YOU
PLEASE NOTE THAT UNAUTHORIZED USE OF THE MOBILE APP (INCLUDING ANY SOFTWARE USED TO MAKE THE MOBILE APP AVAILABLE) MAY SUBJECT YOU TO MONETARY DAMAGES AND OTHER CIVIL AND CRIMINAL PENALTIES INCLUDING FOR COPYRIGHT INFRINGEMENT.
You acknowledge and agree that you (and not BNY Mellon) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use the Mobile App, and for paying all charges related thereto.
You understand and agree that: (1) The proprietary rights to all market data contained in this Mobile App (e.g. last sales prices, bids offers, industry classification information, performance data and related information provided to You) (“Market Data”) belong to BNY Mellon or its third party data providers (“Data Disseminators”) (i.e., the various securities markets such as the NYSE, American Stock Exchange and NASDAQ and other entities that make, or assist in making, Market Data available to You): (2) neither BNY Mellon, its affiliates nor any Data Disseminator guarantees the timelines, sequence, accuracy or completeness of Market Data or other messages that the Data Disseminator may disseminate; (3) Neither BNY Mellon, any of its affiliates, nor any Data Disseminators shall have any liability to you or to any other person for any loss or damage arising from inaccuracies, errors, omissions, delays, interruptions or non-performance, whether due to any negligent act or omission of any Data Disseminator or BNY Mellon or any of its affiliates, any cause beyond their reasonable control, or otherwise; (4) neither BNY Mellon, its affiliates nor any Data Disseminator may be held liable for any discontinuance on the provision of Market Data nor for any change in the manner of distribution for any reason; (5) Market data is made available for Your own individual use and You are prohibited from furnishing it to any other person or entity; (6) BNY Mellon may terminate Your access to any or all Market Data, or any Data Disseminator may terminate your authorization to receive Market Data, at any time; (7) Data Disseminators are third party beneficiaries under this agreement and are entitled to enforce this agreement by legal proceeding or otherwise against You or any person that gains access to or uses Market Data other than as this agreement contemplates. You shall pay the reasonable attorney’s fees that any Data Disseminator may incur in so enforcing this agreement; and (8) nothing in this Agreement should be deemed as a solicitation or recommendation to buy or sell any securities or options.>/p>
REPRESENTATIVES AND WARRANTIES
LINK TO OTHER WEBSITES
The information on the Mobile App is for information purposes only and is not intended as an offer or solicitation for the purchase of any security or any financial instrument or banking product. The information contained on the Mobile App and the Services are subject to change without notice. WE SPECIFICALLY DISCLAIM ANY AND ALL LIABILITY OR LOSS ARISING OUT OF ANY ACTION TAKEN IN RELIANCE ON THIS INFORMATION. Any Services fees, charges, interest rates, and balance requirements may differ among geographic locations. Not all Services are offered in all countries.
YOU UNDERSTAND AND AGREE THAT THIS MOBILE APP AND THE SERVICES ARE PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS. BNY MELLON AND ANY THIRD PARTY PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES REGARDING SECURITY, CURRENCY, CORRECTNESS, QUALITY, ACCURACY, COMPLETENESS, RELIABILITY, PERFORMANCE, TIMELINESS OR CONTINUED AVAILABILITY, WITH RESPECT TO (i) THE MOBILE APP; (ii) ANY SERVICES AVAILABLE ON OR THROUGH THE MOBILE APP ; AND (iii) YOUR USE OF THE MOBILE APP OR SERVICES AND THE RESULTS OF SUCH USE. FURTHER, BNY MELLON AND ANY THIRD PARTY PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES WITH RESPECT TO ANY DELAYS OR ERRORS IN THE TRANSMISSION OR DELIVERY OF ANY SERVICES AVAILABLE THROUGH THE MOBILE APP. BNY MELLON AND THIRD PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTY THAT THE MOBILE APPP WILL BE AVAILABLE ON A TIMELY BASIS; THAT ACCESS TO THE MOBILE APP WILL BE UNINTERRUPTED OR SECURE; THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE MOBILE APP OR THE SERVERS OR NETWORKS THROUGH WHICH THE MOBILE APP ARE MADE AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER WE NOR ANY RETAILER THROUGH WHICH YOU OBTAINED THE MOBILE APP SHALL HAVE ANY OBLIGATION TO FURNISH ANY MAINTENANCE AND/OR SUPPORT SERVICES WITH RESPECT TO THE MOBILE APP.
Any statements and opinions expressed on the Mobile App are as of the date of publication, are subject to change as economic and market conditions dictate, and are those of the author(s) and do not necessarily represent the views of BNY Mellon. Some content on this Mobile App may be provided by third party providers, which we consider to be reliable but have not independently verified. We do not guarantee that it is accurate or complete.
EXCEPT AS PROVIDED BY LAW, NEITHER BNY MELLON NOR ANY THIRD PARTY HAS ANY RESPONSIBILITY TO MAINTAIN THE INFORMATION OR SERVICES OFFERED ON THE MOBILE APP OR TO SUPPLY CORRECTIONS OR UPDATES TO THE SAME
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG IMPLIED WARRANTIES LAST OR THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES; IN SUCH EVENT, SUCH DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
LIMITATION OF LIABILITY
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
PRIVACY AND SECURITY
BNY Mellon respects our customers' privacy. For more information please read our Mobile App Privacy Statement posted on the Mobile App.
We utilize reasonable security technologies to protect sensitive information. However, the security of this information depends in part on the security of the Mobile Device you use to communicate with us, the security you use to protect User IDs and passwords, and the security provided by your internet access services provider. We are not responsible for the security of your internet access services provider; you should review the security and privacy policies of your internet access services provider carefully. Information that you access via this Mobile App may be stored on your Mobile Device during your session for your convenience. If others have access to your computer or your User ID and password, they may be able to access this information. In any area of the Mobile App requiring a password, you should log off the Mobile App when you are done viewing information or whenever you leave your computer. We are not responsible for the security or privacy of information communicated to or from such Mobile Device. Finally, you should keep any correspondence you receive relating to this Mobile App or the Services (including, but not limited to, your User ID, passwords, other registration information, emails, order information, or any other information) confidential and in a safe place.
You must provide true, accurate, current and complete information about yourself when you elect to provide personal information to us. You also must maintain and promptly update any such information to keep it accurate. Other than information addressed under our Mobile App Privacy Statement , any and all comments, suggestions, ideas, graphics, or other information that you transmit or post to the Mobile App becomes and will remain our property and may be used by us anywhere, anytime and for any reason whatsoever. Except as may be provided in the Mobile App Privacy Statement , any information or materials submitted to us will be treated as non-confidential and non-proprietary, and we will not have any obligation to use or evaluate any information we receive from you. We will not have to pay you or anyone else for using any ideas or other materials that you may transmit to or post on the Mobile App.
JURISDICTION/CHOICE OF LAW
APPLE-SPECIFIC TERMS AND CONDITIONS
© 2018 The Bank of New York Mellon Corporation