Global Concepts, Inc., a wholly owned affiliate of McKinsey & Company and its affiliates (referred to herein as “GCI”, “McKinsey” or “we”) provides its content on global-concepts.com, gcinsights.com and their related sites (collectively, the “Site”) subject to the following terms and conditions (the “Terms”). We may periodically change the Terms, so please check back from time to time. These Terms were last updated on March 26, 2014. By accessing and using this Site, you agree to these Terms. If you do not agree to these Terms, or are legally unable to agree to these Terms, you may not use the Site.
All content and functionality on or available through the Site, including reports, notes, presentations or other materials available for access or download through the Site which are subject to additional license terms or other restrictions, some of which may be available only to Registered Users (collectively, the “Downloadable Content”) and any text, graphics, logos, icons, and images and the selection and arrangement thereof, otherwise available through the Site (along with the Downloadable Content, collectively, the “Site Content”) is exclusively owned by us and our licensors and is protected by U.S. and international copyright laws. All rights not expressly granted are reserved. Neither the Site Content nor functionality of the Site may be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way without our written permission. Except as expressly provided herein, we do not grant any express or implied right to any users of the Site under any patents, copyrights, trademarks, or trade secret information.
The trademarks, service marks, designs, and logos (collectively, the “Trademarks”) displayed on the Site are the registered and unregistered Trademarks of GCI, McKinsey and our licensors. You agree that you will not refer to or attribute any information to us or our licensors in any public medium (e.g., press release, websites, social media) for advertising or promotion purposes, or for the purpose of informing or influencing any third party and that you will not use or reproduce any Trademark of, or imply any endorsement by or relationship with, us or our licensors without our prior written authorization.
3. Use of site content
We hereby grant you a non-exclusive, non-transferable license for the term hereof to access and download, display, and print one copy of the Site Content, exclusive of any Downloadable Content, on any single computer solely for your internal, business use, provided that you do not modify the Site Content in any way and that you retain all copyright and other proprietary notices displayed on the Site Content. You may not otherwise reproduce, modify, distribute, transmit, post, or disclose the Site Content without our prior written consent. In addition to the foregoing, you may be entitled to access certain Downloadable Content in accordance with additional license terms applicable to such Downloadable Content, and such license terms shall be in addition to, and shall govern in the event of any conflict with, these Terms.
In no event may you attempt to gain access to the Site, any Site Content (including any Downloadable Content), any User Account other than your own or any other materials, information, data, networks or systems owned or operated by us or on our behalf through any means not intentionally made available to you by us. In addition, you agree not to use robots, spiders, scripts or web-scraping tools to scrape, or otherwise download in bulk or other than as reasonably required in connection with the intended use of the Site, any Site Content, including any Downloadable Content or User Content.
4. User Account Information
In order to use certain features of the Site, including to access certain Downloadable Content, you must first register with us by creating a user account (a “User Account”). In order to create a User Account, you must provide to us your first and last name and an email address. You must also choose a user password. You may be prompted to provide additional information or to verify previously provided information either (a) at your option, including as part of user registration, including biographical, employment and other information and/or (b) as a required step in verifying your right to access certain Downloadable Content, including payment verification information such as your address. All of this information that you provide to us comprises your “User Account Information”.
You agree that you will provide us with accurate User Account Information and inform us promptly if any such User Account Information changes. You also acknowledge that you are responsible for maintaining the privacy and security of your User Account Information, including your password. You may not share access to your User Account with any third party for any reason. If you believe your User Account privacy or security has been compromised you must notify us immediately. Our use of your User Account Information is subject to our privacy policies as described in Section 11 of these Terms.
5. User postings
You acknowledge and agree that we shall own and have the unrestricted right to use, publish, and otherwise exploit any and all information that you may post or otherwise publish on the Site or provide to us through your use of the Site, including feedback or comments about the Site or any Site Content (collectively, “User Content”), and you hereby waive any claims against us for any alleged or actual infringements of any rights of privacy or publicity, moral rights, or rights of attribution in connection with our use and publication of such User Content. You covenant that you shall not post or otherwise publish on the Site any materials that (a) are threatening, libelous, defamatory, or obscene; (b) would constitute, or that encourage conduct that would constitute, a criminal offense, give rise to civil liability, or otherwise violate any applicable law or regulation; (c) infringe the intellectual property, privacy, or other rights of any third parties; (d) contain a computer virus or other destructive element; (e) contain advertising; or (f) constitute or contain false or misleading statements. We do not and cannot review all information posted to the Site by users and is not responsible for such information. However, we reserve the right to refuse to post and the right to remove any information, in whole or in part, for any reason or for no reason.
6. Notices of infringement and takedown
We prohibit the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the Site, please write to us at the address shown below, giving a written statement that contains: (a) identification of the copyrighted work and/or intellectual property right claimed to have been infringed; (b) identification of the allegedly infringing material on the Site that is requested to be removed; (c) your name, address, and daytime telephone number, and an e-mail address if available; (d) a statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law; (e) a statement that the information in the notification is accurate, and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed; and (f) the signature of the intellectual property right owner or someone authorized on the owner's behalf to assert infringement of the right. We will remove any posted submission that infringes the copyright or other intellectual property right of any person under U.S. law upon receipt of such a statement (or any statement in conformance with 17 U.S.C. Section 512(c)(3)). U.S. law provides significant penalties for submitting such a statement falsely. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions. Our contact for submission of notices under this Section 6 is: Legal Department, McKinsey & Company, Inc., 55 East 52nd Street, New York, New York 10022.
THE CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED WITH THE UNDERSTANDING THAT WE ARE NOT HEREIN ENGAGED IN RENDERING PROFESSIONAL ADVICE AND SERVICES TO YOU. ALL CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE AND OUR THIRD-PARTY CONTENT AND SERVICE PROVIDERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OWNERSHIP, ACCURACY, AVAILABILITY, OR ADEQUACY OF THE SITE OR SITE CONTENT, INCLUDING ANY USER CONTENT OR DOWNLOADABLE CONTENT AVAILABLE THROUGH THE SITE, EXCEPT AS OTHERWISE EXPRESSLY AGREED IN WRITING. WE SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION PUBLISHED ON LINKED WEBSITES, CONTAINED IN ANY USER SUBMISSIONS PUBLISHED ON THE SITE, OR PROVIDED BY THIRD PARTIES. NEITHER WE NOR OUR THIRD-PARTY CONTENT OR SERVICE PROVIDERS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR FOR LOST REVENUES OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.
8. Third-party websites
9. Governing law; jurisdiction
These Terms are governed by the laws of the State of New York without reference to the principles of conflicts of laws thereof.
10.Termination; Discontinuation of the Site
You agree that we, in our sole discretion, may terminate your use of the Site, including your User Account and your access to any Site Content (including Downloadable Content), for any reason or no reason, including if you violate these Terms or any other Terms applicable to your use of the Site or the Site Content, upon notice to you. In addition, we reserve the right at any time in our sole discretion to cancel, delay, reschedule, or alter the format of the Site or the Site Content made available through the Site, or to cease providing any part or all of the Site, the Site Content, or related services, and you agree that your right to use the Site (or such portion thereof) and any applicable Site Content shall cease immediately and that we shall have no liability to you for such an action. If you no longer desire to have access to the Site, you may terminate your participation in the Site at any time. The rights granted to you hereunder will terminate automatically upon any termination of your right to use the Site; provided, however, that any provision necessary to enforce your or our rights or obligations hereunder shall survive the termination of these Terms.
In carrying out these activities we may contract with third parties, including for purposes of payment processing when you purchase access to certain Downloadable Content. Such third parties receive access to your information only to the extent necessary to assist us in processing these requests. By way of example, and not limitation, for purposes of payment processing when you purchase access to certain Downloadable Content, you may be redirected to a third party website in order to submit certain payment information (e.g., your credit card information) for verification and processing. Any of your information received by such third party is subject to such third parties privacy policies and applicable law and regulation.
Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this Section 12. If any provision of these Terms is deemed invalid or unenforceable for any reason, such provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in full force and effect. Any rights not expressly granted herein are reserved.