Gyana Limited Terms of Use

Gyana Limited, on behalf of itself, its affiliates and wholly-owned subsidiaries (collectively, “Gyana”) provides premium data and analysis on cities and its people through its web-based platform (“Site”) pursuant to a license agreement with you or your subscribing organisation (individually and together, as applicable, “you”). By using the Site, you agree to be bound by the following terms of use (“Terms of Use”):

1. USE OF THE SITE

You may access and use the Site and the content made available to you on the Site (“Content”) in accordance with these Terms of Use for your particular research purposes in connection with your internal business operations, but not for commercial exploitation or any other sue prohibited by these Terms of Use.

2. REGISTRATION AND PASSWORDS

Content provided on the Site is not available to the public. It may only be accessed with valid login credentials provided pursuant to your license agreement and in accordance with these Terms of Use.  You are required to register for a single user account with a user name and password. YOUR ACCOUNT, USERNAME AND PASSWORD ARE SOLELY FOR YOUR PERSONAL USE TO ACCESS THE SITE AND YOU MAY NOT PERMIT ANYONE ELSE TO USE YOUR ACCOUNT, USER NAME OR PASSWORD. You are responsible for all use of your account, user name and password and for preventing unauthorised use. If you believe there has been unauthorised use, you must notify Gyana immediately by emailing support@gyana.space. Gyana may suspend, disable or change your account, user name or password at any time.

3. LIMITATIONS ON USE

Except for the limited rights to download, store and print Content set forth in the Fair Use policy in Section 4, you agree not to otherwise download, store, reproduce, republish, transmit, display, distribute or take screen shots of any portion of the Content or Site. You further agree not to (a) sell, rent, lease, loan, transfer, sublicense or otherwise make available or permit access to the Content or Site to any third party; (b) modify, decompile, disassemble or reverse engineer any portion of the Content or Site; (c) use or attempt to use any deep-link, scraper, robot, bot, spider, data mining, computer code or any other device, program, tool, algorithm, process or methodology or process having similar functionality, to access, acquire, copy or monitor any portion of the Content or Site; (d) violate the security of the Site or attempt to gain unauthorised access to the Site, Content or Gyana’s computer systems or networks connected to any server associated with Gyana, through hacking, password mining or any other means; (e) use the Site or Content retrieved from the Site in any manner that infringes or violates the rights of Gyana or any third party; (f) export or re-export the Site or any portion thereof or the Content in violation of the export control laws and regulations of the United States of America; and (g) use the Site or Content in any manner that is unlawful or harms Gyana, its service providers, suppliers or any other user, including any use for improper investment purposes in any entity that is the subject of any Content.

4. FAIR USE POLICY

Contingent upon other usage limits of your license agreement with Gyana, you may incorporate limited data derived from the Content into presentations and reports for use solely in connection with your internal business operations. Neither downloading nor printing shall be done for the purpose of obtaining a substantial part of such data and/or information or subset thereof. Subject at all times to Gyana’s retained ownership thereof, you also have the right to distribute in the ordinary course of your business limited extracts of the data derived from the Content, both internally and externally to your employees, affiliates, clients and/or prospective clients, in the form of charts, graphs, graphics, pitch books, presentations, statistics, research reports and other reports; provided that in any case you include source attribution to Gyana ("Source: Gyana Limited").

5. ELECTRONIC COMMUNICATIONS

When you visit Gyana or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

6. COPYRIGHT AND TRADEMARKS

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Gyana or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Gyana, with copyright authorship for this collection by Gyana, and protected by international copyright laws. Gyana’s trademarks and trade dress may not be used in connection with any product or service that is not Gyana’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Gyana. All other trademarks not owned by Gyana or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Gyana.

7. REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT

Visitors may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Gyana reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Gyana and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Gyana and its associates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify Gyana or its associates for all claims resulting from content you supply. Gyana has the right but not the obligation to monitor and edit or remove any activity or content. Gyana takes no responsibility and assumes no liability for any content posted by you or any third party.

8. NO WARRANTY; DISCLAIMER

The Site and Content are provided for educational or informational purposes only and are not intended to provide marketing or business advice and should not be relied upon in that respect. You should not act or rely on any information on the Site without seeking the advice of a professional. Any opinion, advice, article, publication, statement, service, offer, or other information or content expressed or made available on the Site or on any site linked to the Site, is that of the respective author or distributor and not of the Site. The Site assumes no obligation to update the Content, advise on further developments concerning topics mentioned or update the functionality of the Site. The Content contained on the Site may contain typographical errors. THE SITE AND CONTENT ARE PROVIDED ON AN "AS IS", "WITH ALL FAULTS", AND "AS AVAILABLE" BASIS AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GYANA AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. GYANA AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OR CONDITIONS (A) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT; (B) OF ADEQUACY, ACCURACY, TIMELINESS AND COMPLETENESS OF CONTENT OR RESULTS; (C) ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (D) OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE.

9. LIMITATION OF LIABILITY; EXCLUSIVE REMEDY

IN NO EVENT WILL GYANA OR ANY SUPPLIER BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OF USE OR YOUR USE OF THE SITE OR CONTENT, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS SECTION IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST GYANA OR ITS SUPPLIERS WITH RESPECT TO THESE TERMS OF USE OR THE SITE OR CONTENT, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND CONTENT. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, GYANA'S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO ACTUAL DIRECT DAMAGES INCURRED BY YOU IN RELIANCE UPON THESE TERMS OF USE UP TO A TOTAL OF £20.

10. FORCE MAJEURE

Gyana is not held liable for any delays or failure in performance of any part of the Site, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.

11. LINKS TO THIRD PARTY SITES

The Site may contain links to other web sites ("Linked Sites"). The Linked Sites are not under the control of Gyana and Gyana is not responsible for the contents of any Linked Site, including without limitation any content contained in a Linked Site or any changes or updates to a Linked Site. Gyana is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Gyana of the site or any association with its operators.

12. MODIFICATIONS TO TERMS OF USE

Gyana reserves the right to change these Terms of Use at any time. Updated versions of the Terms of Use will be posted in the Terms of Use section of the Site and any such modifications will be effective upon the posting of such updated terms. Your continued use of the Site or Content constitutes your binding acceptance of such modifications. Please check the Terms of Use each time before you access the Site to determine whether a change has been made to these Terms of Use. If you do not agree to any changes in these Terms of Use as they may occur, please arrange to terminate your registration with the Site immediately and discontinue your use of the Content and the Site.

13. UNLAWFUL ACTIVITY

Gyana reserves the right to investigate complaints or reported violations of the Terms of Use and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.

14. REMEDIES FOR VIOLATIONS

Gyana reserves the right to seek all remedies available at law and in equity for violations of the Terms of Use, including but not limited to the right to block access from a particular internet address to this Site and any other Gyana web sites and their features.

15. INDEMNIFICATION

You agree to indemnify, defend and hold Gyana, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Site harmless from and against all claims, losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of the Terms of Use.

16. CHOICE OF LAW; EXCLUSIVE JURISDICTION AND VENUE

These Terms of Use shall be governed by and construed in accordance with the laws of England and Wales, without giving effect to its conflict of laws provisions. You agree to submit to the exclusive jurisdiction and venue in London, England for any and all disputes, claims and actions arising from or in connection with the Site, Content and these Terms of Use.

17. GENERAL

If any part of these Terms of Use is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use will continue in effect. The section titles in these Terms of Use are solely used for the convenience of the parties and have no legal or contractual significance. Gyana may assign these Terms of Use, in whole or in part, at any time with or without notice to you. You may not assign these Terms of Use or assign, transfer or sublicense your rights, if any, in the Site or Content. Gyana’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Except for any subscription agreement entered into by you and Gyana, these Terms of Use constitute the entire agreement between you and Gyana with respect to the Site and Content and supersedes all prior or contemporaneous communications of any kind between you and Gyana with respect to the Site and Content.

18. HOW TO CONTACT US

If you would like to contact us for any reason regarding our Terms of Use, Privacy Policy, or other policy related material, please email us at: info@gyana.space.