These Terms of Use (“Terms of Use”) apply to following websites: (1) the main website http://www.anna-web.org/ and (2) the website of the ANNA Service Bureau https://asb.aws.annaservice.com/#/login (hereafter referred to as the “Site(s)”) operated by Association of National Numbering Agencies srl, a limited-liability company, having its registered office at Marnixlaan 13-17, Brussels City Center/ Stephanie Square, 1000 Brussels, Belgium (Company number 0446.525.840, RLE Brussels) (hereafter referred to as “ANNA”). ANNA is a global association of national numbering agencies (“NNA’s) with the mission of identifying and describing securities that can be used by all nations and their markets. The ANNA Service Bureau (hereafter referred to as “ASB”), which was founded by ANNA, is operated by CUSIP Global Services managed on behalf of the American Bankers Association by FactSet Research Systems Inc (hereafter referred to as “CGS”) and the Swiss company SIX Financial Information Ltd. (hereafter referred to as “SIX”) on behalf of ANNA.
By accessing and using any of the Sites including any connected mobile application or version thereof, you agree to be legally bound by these Terms of Use and you represent that you have the legal capacity to be bound by these Terms of Use. The terms “you” and “User” refer to anyone who accesses a Site.
These Terms of Use contain terms, conditions, covenants and provisions upon which you may access and use a Site and all content, including, without limitation, text, photographs, video, audio, graphics, tools, analytics, functionality, products and information (collectively, the “Content”) displayed and/or otherwise contained on a Site. If at any time you do not agree with the Terms of Use, you will stop accessing and/or using the Site(s) and the Content. Each Site and the Content contained therein is the exclusive property of ANNA, ASB or their suppliers.
Notwithstanding anything in the Terms of Use to the contrary, your rights to use certain material available on or through each Site may be subject to separate license or similar agreements with ANNA, ASB or a particular NNA (“Other Agreements”). In the event you have an Other Agreement to access all or any portion of a Site, including any separately entitled sections of a Site, then the Other Agreement, rather than these Terms of Use, will govern your use of such Site (and the information contained therein). In the event of a conflict between your Other Agreement and these Terms of Use, the terms and conditions in the Other Agreement shall prevail.
Any attempt by you to modify these Terms of Use shall have no force or effect regarding your use of a Site. ANNA may change these Terms of Use at any time without notice. Changes will be posted on each Site under “Terms of Use”. Your access and use of a Site after any changes have been posted will constitute your agreement to the modified Terms of Use and any changes. Therefore, you should read these Terms of Use from time to time to be aware of any such changes.
1. USE OF THE SITE(S)
ANNA grants you a personal, revocable, non-exclusive, non-transferable, limited license to access and use the Site(s) and the Content conditioned upon your compliance with these Terms of Use. The Site(s) and the Content contained therein may be used solely for viewing, ad hoc non- commercial use.
You may not license, sublicense, transfer, sell, resell, publish, reproduce and/or otherwise redistribute a Site, including the Content or any component thereof in any manner (including, but not limited to, via or as part of any Internet site). You may not a) use the Content or any portion of the Site as part of any intranet or other internal network; b) create archival or derivative works based on the Content or any portion thereof; or c) to the maximum extent permitted by applicable law, modify, reverse-engineer, disassemble, decompile or store any Content or any portion of the Site. You may not use a Site or any Content contained therein, in whole or in part in any manner that either competes or is intended to compete with ANNA, ASB or any individual NNA, including without limitation, any distribution of any Content or a derivative work based thereon. You may not use a Site for any illegal purpose or in any manner inconsistent with these Terms of Use. ANNA may discontinue or change a Site and any the Content contained therein, or their availability to you, at any time without notice. ANNA is not under any obligation to update any Content following publication on a Site. The terms of these Terms of Use will survive any such discontinuation.
2. INTELLECTUAL PROPERTY RIGHTS AND UNLAWFUL USE
All proprietary rights (including, but not limited to, copyrights, trade secrets, database rights, trademark rights, rights to trade names, service marks and other product and service names and logos) contained within a Site and any and all Content, including, but not limited to, all information, data, software, products and documentation contained or included therein, are and shall remain the sole and exclusive property of ANNA, ASB and their suppliers. Each Site and any and all Content contained herein is protected by copyright in addition to other intellectual property laws. Nothing contained on a Site shall be construed as granting any license or right to use any of the trademarks, service marks or logos (“Marks”) displayed on the Site absent the express written permission of the owner of such Marks. You agree to honor all reasonable requests by ANNA, ASB or their suppliers to protect and preserve their respective proprietary interests in each Site and any and all Content contained therein. Each Site and the Content are compiled, prepared, revised, selected and arranged by ANNA, ASB and their suppliers through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort and money, and each Site and any and all Content constitute valuable intellectual property of ANNA, ASB and their suppliers. Copying of, use of, access to or distribution of a Site or any Content contained therein in breach of these Terms of Use may cause ANNA, ASB and/or their suppliers irreparable injury that cannot be adequately compensated for by means of monetary damages. Any breach hereof by you may be enforced by ANNA, ASB or their suppliers by means of equitable relief (including, but not limited to, injunctive relief) in addition to any other available rights and remedies. Any actual or attempted illegal or unauthorized uses of a Site, the Marks or any Content are strictly prohibited and may result in criminal and/or civil prosecution.
Export Restrictions. ANNA does not in any manner warrant or represent that the materials on a Site, including any Content contained therein, are appropriate or available for use in any particular location. If you choose to access a Site including any Content therein, you do so on your own initiative and you are responsible for compliance with all applicable laws.
NOTE: For your protection, ANNA reserves the right to view, monitor, and record activity on the Site in accordance with the Privacy Policy and Cookie Notice, to the fullest extent permitted by applicable law. ANNA hereby reserves the right to discontinue access to a Site either with or without notice if ANNA has a reasonable basis to believe that a User is accessing or using any Content in violation of these Terms of Use, in addition to any other available rights and remedies.
3. ANTI-HACKING PROVISIONS
You expressly agree not to:
• use or attempt to use any “deep-link,” “scraper,” “robot,” “bot,” “spider,” “data- mining,” “computer code” or any other automated device, program, tool, algorithm, process, or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of a Site, any Content found on or accessed through a Site, or any User Content without the prior express written consent of ANNA;
• obtain or attempt to obtain through any means any Content on a Site that has not been intentionally made publicly available, either by their public display on a Site or through their accessibility by a visible link on a Site;
• violate any measure employed to limit or prevent access to a Site or the Content;
• violate the security of a Site or attempt to gain unauthorized access to a Site, the Content, or data, materials, information, computer systems or networks connected to any ANNA server, through hacking, password mining or any other means;
• interfere or attempt to interfere with the proper working of a Site or any activities conducted on or through a Site, including accessing any Content prior to the time that it is intended to be available to the public on a Site;
• take or attempt any action that, in the sole discretion of ANNA imposes or may impose an unreasonable or disproportionately large load or burden on a Site or ANNA’s infrastructure;
• misuse a Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful.
4. DISCLAIMER AND LIMITATIONS OF LIABILITY
THE DETERMINATION OF WHETHER A SECURITY OR OTHER FINANCIAL INSTRUMENT IS ELIGIBLE FOR AN IDENTIFIER, AND WHETHER THE REQUESTER HAS SUPPLIED THE APPROPRIATE DOCUMENTATION, SHALL BE MADE BY THE INDIVIDUAL NNA’S IN THEIR DISCRETION AND ANY SUCH DETERMINATION SHALL BE FINAL. NONE OF ANNA, ASB OR ANY NNA SHALL HAVE ANY LIABILITY IN CONNECTION WITH A DETERMINATION THAT A SECURITY OR OTHER FINANCIAL INSTRUMENT IS NOT ELIGIBLE FOR A SECURITY IDENTIFIER. SECURITY IDENTIFIERS AND STANDARD DESCRIPTIONS ARE THE VALUABLE INTELLECTUAL PROPERTY OF ANNA AND THE SUPPLIYING NNA. BECAUSE OF THE POSSIBILITY OF HUMAN OR MECHANICAL ERROR BY ISSUERS AND NNA’S, NONE OF ANNA, ASB, ANY NNA OR ANY SUPPLIERS (e.g. SIX and CGS) AND OTHERS, GUARANTEES THE ACCURACY, ADEQUATENESS OR COMPLETENESS OF ANY DATA, AND SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF ANY DATA.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANNA, ASB, ANY NNA OR ANY OF THEIR SUPPLIERS (e.g. SIX and CGS) DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE AS TO A SITE OR ANY CONTENT, INCLUDING INFORMATION, DATA, SOFTWARE OR PRODUCTS CONTAINED THEREIN, OR THE RESULTS OBTAINED BY THEIR USE OR AS TO THE PERFORMANCE THEREOF.
NONE OF ANNA, ASB, ANY NNA OR ANY OF THEIR SUPPLIERS (e.g. SIX and CGS): (A) GUARANTEE THE ADEQUACY, ACCURACY, TIMELINESS OR COMPLETENESS OF A SITE, ANY CONTENT OR ANY COMPONENT THEREOF OR ANY COMMUNICATIONS, INCLUDING BUT NOT LIMITED TO ORAL OR WRITTEN COMMUNICATIONS (INCLUDING ELECTRONIC COMMUNICATIONS) OR OUTPUT WITH RESPECT THERETO OR THAT A SITE OR ANY CONTENT WILL BE FREE OF VIRUSES, WORMS OR “TROJAN HORSES”, OR (B) SHALL BE SUBJECT TO ANY DAMAGES OR LIABILITY FOR ANY ERRORS, OMISSIONS OR DELAYS IN A SITE, INCLUDING CONTENT. EACH SITE, CONTENT CONTAINED THEREIN AND ANY AND ALL COMPONENTS THEREOF, IS PROVIDED ON AN “AS-IS” BASIS AND YOUR USE OF A SITE AND ANY CONTENT IS AT YOUR OWN RISK.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS OF USE, IN NO EVENT WHATSOEVER SHALL ANY OF ANNA, ASB, ANY NNA OR ANY OF THEIR SUPPLIERS (e.g. SIX and CGS) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, TRADING LOSSES OR LOST TIME OR GOOD WILL, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE.
IN THE EVENT THAT LIABILITY IS NEVERTHELESS IMPOSED ON ANNA, ASB, ANY NNA OR ANY OF THEIR SUPPLIERS (e.g. SIX and CGS), IN NO EVENT SHALL THE MAXIMUM CUMULATIVE LIABILITY OF SUCH PARTIES IN CONNECTION WITH A SITE, ANY CONTENT AND/OR THESE TERMS OF USE, REGARDLESS OF THE FORM(S) OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED ONE HUNDRED (100) EUROS. NO ACTION, REGARDLESS OF FORM, ARISING FROM OR PERTAINING TO YOUR USE OF A SITE OR THE CONTENT MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER SUCH ACTION HAS ACCRUED.
You are entirely liable for activities conducted by you or anyone else in connection with your browsing and access to and use of a Site. If you are dissatisfied with a Site or with these Terms of Use, your sole and exclusive remedy is to stop using such Site.
5. LINKS TO OTHER WEB SITES FROM THIS SITE
You may, through hypertext or other computer links, gain access to web sites operated by persons other than ANNA. Such hyperlinks are provided for your reference and convenience only and are the exclusive responsibility of the owners of each such web site. You agree that ANNA is not responsible for the content or operation of such web sites, and that ANNA shall have no liability to you or any other person or entity for the use of third party web sites. Except as described below, a hyperlink from a Site to another web site does not imply or mean that ANNA endorses the content on such web site or the operator or operations of such web site. You are solely responsible for determining the extent to which you may use any content at any other web sites to which you link from a Site.
As you browse through a Site you may access other web sites that are subject to different terms of use. When you use those other web sites, you may be legally bound by the specific terms of use posted on such web sites. If there is a conflict between these Terms of Use and other terms of use of such web sites, the terms of use of such web sites will govern with respect to your use of such web sites.
6. USER CONTENT
To the maximum extent permitted by applicable law and without prejudice to Section 7. (Privacy Policy and Cookie Notice), the User grants to ANNA a perpetual, nonexclusive, irrevocable, fully paid, royalty-free, sublicenseable and transferable (in whole or in part) worldwide right and license in any and all media, now known or later developed, to use, publish, reproduce, display, modify, transmit digitally, create derivative works based upon and otherwise exploit all material posted to or received through a Site by, from or on behalf of the User or anyone else using the User’s account (other than third party material transmitted through private electronic mail) (“User Content”) (including, without limitation, any names, voices, likenesses, performances and actions contained therein) for any purpose whatsoever (including, without limitation, advertising, commercial, promotional and publicity purposes) in ANNA’s discretion without notice, approval, attribution or consideration to you or to any other person or entity. User represents and warrants that User has all rights necessary to grant the foregoing license, that neither the permission nor consent of any other person or entity is required to enable ANNA to legally use the User Content in accordance with this license; that all User Content provided to a Site by you or anyone else using your account complies with all applicable laws, rules and regulations; and that ANNA’s use of the User Content in accordance with this license will not violate or infringe upon the rights of any person or entity.
Users entering material into a Site are responsible for the content of that material. ANNA does not have any responsibility for User Content, including the content of any messages or information posted by Users or others, or for the content of information accessible via direct or indirect hyperlinks from a Site. However, ANNA retains the right, to review, edit or delete User Content that ANNA deems to be illegal, offensive or otherwise inappropriate.
You may not input or distribute any material through the Site that is promotional in nature, including solicitations for funds or business, without the prior written authorization of ANNA.
7. PRIVACY POLICY AND COOKIE NOTICE
Please see the Privacy Policy and Cookie Notice for more information on the collecting and processing of your personal data by ANNA with respect to a Site.
As part of access to portions of a Site, you may be required to provide certain personal data, such as your name and email address. In addition, you may be required to select a username and password. You represent and warrant that any information you provide to ANNA in connection with a Site shall be accurate and complete. You further agree to keep any passwords/user IDs in connection with a Site in strict confidence and promptly advise ANNA of any actual or threatened unauthorized disclosure or misuse of a Site or any passwords/user IDs with respect to a Site that come to your attention. You shall cooperate with ANNA in enforcing the restrictions and limitations set forth herein.
8. ADDITIONAL LEGAL TERMS
These Terms of Use constitute the entire agreement between the parties relating to each Site and supersedes any and all other agreements, oral or in writing, with respect to such Site. The failure of ANNA to insist upon strict compliance with any term of these Terms of Use shall not be construed as a waiver with regard to any subsequent failure to comply with such term or provision. To the fullest extent permitted by law, you shall indemnify, hold harmless and defend ANNA, ASB, any NNA and their suppliers (e.g. SIX and CGS) from and against any and all costs, claims, damages or liabilities (including reasonable attorneys’ fees and court costs) arising out of any breach by you of Section 3 (Anti-hacking Provisions). These Terms of Use are personal to you, and you may not assign your rights or obligations to anyone. If any term or condition hereof is found by a court, administrative agency or jurisdiction to be invalid or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant term shall be deemed deleted and the remaining terms and conditions hereof shall remain in full force and effect and shall be enforceable to the maximum extent permitted by law. These Terms of Use, your rights and obligations thereunder, and all actions contemplated by these Terms of Use (application, performance or interpretation thereof) shall be exclusively governed by the laws of Belgium. All disputes arising out of or under these Terms of Use shall be adjudicated exclusively within the courts located within Brussels, Belgium.
9. HOW TO CONTACT US
If you have any questions or concerns about these Terms of Use, please contact ANNA by mail: secretariat @anna-web.org