Terms and Conditions
Network Publishers, please read "Publishers
Affiliate Service Agreement" regarding the terms, conditions, payment
and user privacies.
Usage Guidelines for Clients
understands the value of the use of its data by its clients in the public
arena. FloppyBank also believes in a
"full disclosure" policy where a reasonable reader should be able to understand
the source of all FloppyBank data presented
whether in a sales presentation, a general presentation, in press releases,
or in a public securities filing (or any other public use of the data).
These guidelines are designed to provide our clients with a clear understanding
of the permissible and impermissible uses of the data produced, in whatever
form it is obtained. Please read these guidelines for press and other
use of our intellectual property.
All information created by
in any form, is proprietary to it and is protected by U.S. and foreign
laws governing intellectual property. All such information published
by us or created using our proprietary data, regardless of form, is copyright
protected. The law does not require a "©" copyright notice,
so the omission of such notice does not invalidate copyright protection
and it does not indicate that either FloppyBank
authorizes the reproduction of such proprietary material.
The United States Copyright
Act gives the owner of a copyright the exclusive right to reproduce the
copyrighted work, to prepare derivative works based upon the copyrighted
work, to distribute copies and to display the work publicly. These
rights apply to both information that is purchased by our clients and information
that we may choose to provide at no charge. In the absence of approval
from us, no person or entity may reproduce the copyrighted information,
prepare derivative works based on the information, distribute copies of
it or display it publicly.
Violation of our copyright
may permit us to recover actual damages, statutory damages, punitive damages
and attorneys' fees through actions in the United States, international
and foreign courts.
We grant permission to members
of the press to use (1) reports created by us and posted on our Web sites,
(2) reports created by a member of the press on our Web sites, and (3)
other reports published by us, with the following conditions.
as applicable, must be identified as the source of the report, immediately
before or after the place in which the report is set forth.
Reprinted in the press member's
publication in full,
Excerpted, provided the excerpt
is a verbatim excerpt, and
Summarized by stating factual
information contained in the report.
We are entitled reprint rights
of the articles in which our material is reprinted or referenced, including
the right to publish the article on our Web sites or in our marketing materials.
In addition to the restrictions
on usage of our data that are imposed by the copyright laws discussed above,
requests that its clients comply with certain rules of usage and citation.
require that our clients seek approval of any citation of our data in public
filings with the Securities and Exchange Commission or other regulatory
authorities to insure a consistency of presentation and definition of the
data presented. Clarity and equity of presentation are key goals
of FloppyBank. Filing documents for public
companies, presentations, and similar materials where the data are to be
used should be submitted to your account representative at FloppyBank,
as the case may be, twenty-four hours (24) prior to the final preparation
of the document. In reviewing the presentation of the data, we will
look toward the clarity and accuracy of the information presented.
As a courtesy to our clients,
we will also review press releases by such clients, provided that such
press releases are submitted to your account representative at least 24
hours in advance of release. We strongly encourage all of our
clients, and in particular those clients new to FloppyBank,
to submit their press releases to the company for review to ensure proper
usage of the data. We remind all of our clients that in the event
that you do not ask for FloppyBank review
of the data presented in a press release and such data is inaccurate, we
will be unable to confirm the numbers when questioned by third parties
or the press.
We understand that the nature
of the business that certain of our clients are involved in, including
those clients involved in advertising, marketing and the provision of financial
advisory and investment banking advice require that their license permit
them to share our data with their clients. While we acknowledge that
this is a valid use of the data, we ask that clients in these sectors and
others adhere to the following restrictions in providing our data to their
Data is not to be used in
consultative or strategic consultations with clients of the advertising
agency, ad network, financial institution or consulting firm unless that
client is also licensed to use the data. FloppyBank
clients cannot provide data to their clients, nor may they offer nor act
as an agent for their clients to acquire the data, to the extent that the
provision of the data obviates the need for such clients to purchase the
data themselves. This applies to all data, whether in printed form
or in any custom analysis performed by the client or by FloppyBank
behalf of the client. A client wishing to use the data for purposes
other than the permissible uses stated in this paragraph should contact
their account representative for permission, and may be subject to additional
licensing fees for such usage.
Advertising Agencies and
We allow advertising agencies
and ad networks to license our data for use in their capacity as buying
agents for companies purchasing media "space" for advertising. We
have found, however, that these clients are also using the data as a tool
to consult with clients which are developing a web presence. These
clients are license to use the data for the sole purpose of planning and
buying advertising space and exposures. As such, the data may not
be shared with or distributed, in any form, other than for this express
and Consulting Firms
Our clients in the financial
and consulting sectors are licensed to use the data for the purpose of
preparing reports and analyses for internal use. The data
may also be shared by these clients with third parties to provide analytical
services that such clients provide in the normal course of business.
However, these clients may not act as an agent on behalf of a third party
for the purpose of licensing or disseminating the data.
UNDER NO CIRCUMSTANCES
IS ANY CLIENT LICENSED TO RESELL OR REPACKAGE AND SELL DATA WITHOUT OUR
PRIOR WRITTEN CONSENT.
Citation formats vary depending
on the source of the data being published. Typically, there are three
ways in which data are derived:
Each of these is covered below.
from compiled and published
reports (whether publication is in book format or from our web sites);
from special client generated
tabulations derived from web site tools which clients license from FloppyBank;
from special, custom tabulations
which we produce for clients.
Published Data (whether
published in "book" form or from our web sites): The survey period
(month or week and year) should be cited, whether in the body of the text
or as a footnote. If citation is for a particular category defined
by FloppyBank, then the category should be
cited. Should the client define its own category, then that needs
to be clearly denoted in the text or by footnote. Below are two examples:
>By Citation in text: "According
to the July 1999 Women Web Users Report by FloppyBank,
abc.com had a 9.2% reach of all Internet users from home and work, representing
just over 2 million different people."
>By footnote: "Source:
July 1999, Key Women Web Users Report."
Client Compiled Data from
Web Site: Special data compilations derived from the FloppyBank
(regardless of version) need to be sited. Because the client selects the
specifications for a special tabulation performed at the http://FloppyBank.com
site, special wording should be used. If a special set of sites are
defined and do not comprise a FloppyBank category,
a notation that the sites selected for analysis were defined by the client
should be placed as either a footnote or in the body of the text.
Below is the text which should accompany any site-based tabulations:
>Note on Source: "Data
were compiled by [name of client] from the FloppyBank
web site and are based upon FloppyBank reports
for June and July 1999."
As always, the marketing
and sales staff at FloppyBank. We are happy
to assist our clients with any questions that they may encounter in reviewing
and complying with these guidelines. We encourage our clients to
contact their account representative with any such questions.