Please carefully read the terms and conditions of this Agreement before registering to a ForexFeed.net on-line Service (hereafter "the Service").|
If you have any questions regarding acceptable use or to discuss alternative licensing please contact us.
By continuing to access and use the Service, you confirm YOUR ACCEPTANCE OF ANY AND ALL TERMS AND CONDITIONS OF THIS AGREEMENT.
The terms used in this Agreement are defined as follows:
Agreement: this Agreement, as it may be amended at any time by ForexFeed.net.
Fees: the fees charged by ForexFeed.net for the supply of the Service provided under this Agreement, as well as any other charges mentioned in clause 5.
Information: the information, in whatever form, contained in the Service, which includes the Sources' data.
ForexFeed.net: ForexFeed.net and any company or Subsidiary of the ForexFeed.net group of companies.
Service: the information service supplied by ForexFeed.net under this Agreement.
Source: any exchange and/or other data provider, whose Information is contained in the Service.
1 - Your Consent to the Agreement
You represent that:
- you have read this Agreement
- you agree to be legally bound by the terms and conditions of this Agreement
- these terms and conditions represent a valid agreement between yourself and ForexFeed.net in relation to the access and use of the Service.
2 - Use of the Service
2.1 ForexFeed.net grants you a non-exclusive and non-transferable right to access and use the Service and the Information contained therein.
2.2 You undertake to use the Service and the Information solely for your own individual or internal use and benefit. In particular, you shall not make available, transfer, distribute or resell, directly or indirectly, with or without charge, any Information contained in the Service to any other person or entity in any manner that could compete with the business of ForexFeed.net, its Sources or other suppliers.
2.3 The Service and the Information contained therein may not be stored and used to construct a database of any kind, unless this is strictly limited to private usage during the term of this Agreement.
2.4 You may not use the Service or the Information in any way to improve the quality of any data sold or contributed by you to any third party.
2.5 You acknowledge that the Sources have rights in the Information they supply and you agree to comply with any conditions imposed on the use, access, storage or redistribution of Information by the relevant Sources. You may be required to enter into separate agreements with Sources and hereby undertake to comply with their terms and to perform any and all obligations resulting from said agreements.
2.6 You must not allow any third party to use your personal identifier to access the Service.
2.7 On termination of this Agreement, your right to use the Service or any contained Information or software will cease and you will erase or destroy any such Information or software.
2.8 In addition to the provisions of this Agreement, you agree to use the Service in accordance with any manuals, guides or technical specifications relating to the Service, as well as with any recommendation that ForexFeed.net may make from time to time.
3 - Intellectual Property
3.1 You acknowledge that the Service is protected by copyrights, trademarks, service marks, and/or other proprietary rights, and that any and all individual elements making up the Service, including the Information, are also copyrighted works.
3.2 You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Service.
3.3 You will not acquire any intellectual property rights in the Service or any of its components, and all intellectual property rights in the Service, including without limitation copyright and database rights, shall remain the property of ForexFeed.net or its Sources and other suppliers.
3.4 You will not remove, conceal, use or amend any copyright, trademark or other proprietary notice incorporated in the Service.
4 - Changes - Support
4.1 You accept that ForexFeed.net retains control over the form and content of the Service and has the right to change them at any time and at its sole discretion. You further accept that such changes may result in your being unable to access the Service without updating your system. In particular, ForexFeed.net shall be entitled to modify the transmission and delivery times, the transmission speeds, the delivery protocols, the data format and the contents of the Service. Where practicable, such modifications will be communicated to you within a reasonable timeframe (through the Service itself) if they involve expenditures for you or if they require you to make programming or system changes. Although any such changes will be your responsibility, ForexFeed.net will assist by making available relevant documentation or specifications.
5 - Fees and Payment
5.1 You will be responsible for the payment of the Fees applicable to the Service, as well as all other charges, including those for the communication facilities which enable you to access the Service, and any other applicable sales taxes or similar taxes.
5.2 ForexFeed.net may adjust or change the basis of calculation of the Fees by giving you notice on or before the commencement of your next billing period. Such change will be effective on the first day of the next billing period. Following notice of an increase in the Fees, you may terminate your access to the Service. Termination of your access to the Service will take effect on the first day of the next billing period.
5.3 ForexFeed.net will use reasonable endeavors to provide reasonable notice of any change to charges imposed by a third party but you agree that these may change without notice if a change is imposed on ForexFeed.net by any such third party.
5.4 Payment for previous services rendered and/or historical data is not refundable.
5.5 Payment for the Service shall be in accordance with the procedures set out on the ForexFeed.net website. You acknowledge that you have read and understood these provisions and agree to be bound by them.
6 - Registration
6.1 As part of the registration process necessary to obtain access to the Service, you will select a user name and a password. You will provide ForexFeed.net with certain registration information, all of which must be accurate and updated whenever modified.
6.2 You shall not (i) select a user name already used by another person or (ii) use a user name or password that ForexFeed.net, in its sole discretion, deems offensive or inappropriate.
6.3 You shall be solely responsible for maintaining the confidentiality of your password. You shall immediately notify ForexFeed.net at of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. You agree to co-operate with ForexFeed.net on reasonable security investigations. You are solely responsible for all usage or activity on your ForexFeed.net account, including but not limited to use of the account by any third party authorized by you to use your user name and password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, in ForexFeed.net's sole discretion.
7 - Disclaimer and Limitation of Liability
7.1 YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. ALTHOUGH ForexFeed.net WILL USE ALL REASONABLE ENDEAVORS TO ENSURE THE ACCURACY AND RELIABILITY OF THE SERVICE, NEITHER ForexFeed.net, NOR ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, SOURCES OR OTHER SUPPLIERS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF THE CONTENT OR ANY INFORMATION PROVIDED THROUGH THE SERVICE.
7.2 THE SERVICE IS PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICE OR WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS.
7.3 You are reminded that the Internet is publicly accessible and liable to failure and delays and therefore ForexFeed.net cannot guarantee the DELIVERY of messages over the internet, nor the security of ForexFeed.net services using the internet. ForexFeed.net is not responsible for any third party software being used by you in relation to this Service. ForexFeed.net cannot be held liable for problems with telecommunications networks, computer viruses, unauthorized access or issues related to your security arrangements.
7.4 You are responsible for ensuring that your computer environment is properly prepared to receive any download of software from the ForexFeed.net website. ForexFeed.net does not guarantee that any software will perform satisfactorily with any hardware or software used by you. You agree that ForexFeed.net will not be responsible for any reduced performance, damage or loss (including loss of data) which is due to your adding to or accessing any software downloaded from the ForexFeed.net website in conjunction with any system, software, data or equipment.
7.5 TO THE EXTENT PERMITTED BY LAWS APPLICABLE TO THESE TERMS, IN NO EVENT SHALL ForexFeed.net OR ANY OF ITS AFFILIATES, EMPLOYEES, AGENTS, SOURCES OR OTHER SUPPLIERS BE LIABLE FOR ANY LOSS OR DAMAGES INCURRED BY YOU OR ANY THIRD PARTY INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, ECONOMIC LOSS OR LOST PROFITS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, UNLESS CAUSED BY ForexFeed.net GROSS NEGLIGENCE OR WILFULL MISCONDUCT (IN WHICH CASE THE LIABILITY SHALL NOT EXCEED THE TOTAL AMOUNT YOU HAVE PAID TO ForexFeed.net OVER THE 12 MONTHS PRECEDING THE EVENT).
7.6 You agree that this clause 7 is enforceable by and to the benefit of Sources and other suppliers.
8 - Representations and Warranties
8.1 You represent and warrant that (a) you have the power and authority to enter into this Agreement; (b) you are over eighteen (18) years old; and (c) you will use the Service only as set forth in this Agreement.
9 - Indemnification
9.1 You agree to indemnify ForexFeed.net and its Sources and other suppliers for any losses, damages, costs, claims or expenses they suffers as a result of your breach of this Agreement or as a result of your use of the Service, including use of the Service by someone who is not authorized to do so.
9.2 You agree that this clause 9 is enforceable by and to the benefit of Sources and other suppliers.
10 - Term and Termination
10.1 This Agreement will take effect from the date of your registration and will continue for the term you have chosen upon registration, i.e. 1 month, 3 months or one year.
10.2 Unless you select the automatic renewal option while registering or renewing the Service, or unless you manually renew the Service, the latter will automatically expire at the end of the chosen term.
10.3 Otherwise, you may terminate the Service by notifying ForexFeed.net a minimum of 72 hours prior to the end of the current billing period.
10.4 Either you or ForexFeed.net may terminate the Service with or without cause at any time and, subject to clause 10.5, the cancellation may only be effective at the end of the then current billing period.
10.5 ForexFeed.net may terminate or suspend your access to the Service or any part, immediately (i) if you are in material breach of any of this Agreement and you fail to remedy such breach (if capable of remedy) within 10 days of ForexFeed.net requesting that you do so, or (ii) if ForexFeed.net is prohibited from selling to you.
10.6 In relation to any termination by ForexFeed which occurs before the end of a billing period you will be responsible for all charges incurred up to the time the account is terminated.
10.7 In relation to an early termination of the Service by the subscriber, the subscriber shall be subject to an early cancellation fee to the lessor of a) $50, or b) the prorated amount remaining in the original subscription term.
10.8 Upon termination by you or upon notice of termination by ForexFeed.net, you must destroy promptly all materials obtained from the Service and any copies thereof.
10.9 All provisions hereunder which are capable of subsisting shall survive any termination of this Agreement.
11 - General
11.1 Subject to the laws applicable to it, this Agreement constitutes the entire agreement between you and ForexFeed.net relating to the Service.
11.2 If any provision of this Agreement is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the validity or enforceability of the remainder will not be affected.
11.3 Delay or failure by either party in enforcing this Agreement at any time will not constitute a waiver by that party of its rights or remedies.
11.4 ForexFeed.net may send you notices by e-mail, whether in relation to this Agreement or to the Service. Any such notice will be effective from 24 hours after emailing by ForexFeed.net.
11.5 You may not assign any of your rights and obligations under this Agreement or any part thereof and any assignment made by you shall be ineffective. You agree that ForexFeed.net may assign any or all of its rights and obligations to a member of the ForexFeed.net group of companies.
11.7 Subscriber agrees and acknowledges that the ForexFeed.net Database and the information contained therein is and shall remain valuable intellectual property owned by, or licensed to ForexFeed.net and that no proprietary rights are being transferred to Subscriber in such materials or in any of the information contained therein.
11.8 Subscriber agrees that misappropriation or misuse of such materials will cause serious damage to ForexFeed.net and that in such event money damages may not constitute sufficient compensation to ForexFeed.net; consequently, Subscriber agrees that in the event of any misappropriation or misuse, ForexFeed.net shall have the right to obtain injunctive relief in addition to any other legal or financial remedies to which ForexFeed.net may be entitled.
11.9 Subscriber agrees that Subscriber shall not publish or distribute in any medium the ForexFeed.net Information or any information contained therein or summaries or subsets thereof to any person or entity. Subscriber further agrees that the use of ForexFeed.net numbers and descriptions is not intended to create or maintain, and does not serve the purpose of the creation or maintenance of, a master file or database of ForexFeed.net descriptions or numbers for itself or any third party recipient of such service and is not intended to create and does not serve in any way as a substitute for the ForexFeed.net MASTER TAPE, PRINT, DB, INTERNET, ELECTRONIC, CD-ROM Services and/or any other future services developed by the ForexFeed.net.
11.10 NEITHER ForexFeed.net NOR ANY OF THEIR AFFILIATES MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, AS TO THE ACCURACY, ADEQUACY OR COMPLETENESS OF ANY OF THE INFORMATION CONTAINED IN THE ForexFeed.net DATABASE. ALL SUCH MATERIALS ARE PROVIDED TO SUBSCRIBER ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIES AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE NOR WITH RESPECT TO THE RESULTS WHICH MAY BE OBTAINED FROM THE USE OF SUCH MATERIALS. NEITHER ForexFeed.net NOR THEIR AFFILIATES SHALL HAVE ANY RESPONSIBILITY OR LIABILITY FOR ANY ERRORS OR OMISSIONS NOR SHALL THEY BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT OR INDIRECT, SPECIAL OR CONSEQUENTIAL EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE LIABILITY OF ForexFeed.net OR ANY OF THEIR AFFILIATES PURSUANT TO ANY CAUSE OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE EXCEED THE FEE PAID BY SUBSCRIBER FOR ACCESS TO SUCH MATERIALS IN THE MONTH IN WHICH SUCH CAUSE OF ACTION IS ALLEGED TO HAVE ARISEN. FURTHERMORE, ForexFeed.net SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR DELAYS OR FAILURES DUE TO CIRCUMSTANCES BEYOND THEIR CONTROL.
11.11 Subscriber agrees that the foregoing terms and conditions shall survive any termination of its right of access to the materials identified above.